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   Author  Topic: Photography of staged subjects  (Read 1909 times)
M. Arthur Auslander
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Re: Photography of staged subjects
« Reply #15 on: Jan 9th, 2004, 8:25am »
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Dear Nobody,
I wish I could get my research free.
 
M. Arthur Auslander  
Auslander & Thomas-Intellectual Property Law Since 1909
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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nobody
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Re: Photography of staged subjects
« Reply #16 on: Jan 9th, 2004, 10:31am »
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"Dear Nobody, I wish I could get my research free. M. Arthur Auslander"
 
Not at all. Mr. Ivey wrote in the trademark forum:
 
"Briefly (and grossly over simplified), copyrights prevent direct copying, trademarks prevent consumer confusion resulting from similar branding/packaging/slogans, and patents protect inventions."
 
Even though he added "and grossly over simplified" - I only wanted to point out that more than what most people view as "direct copying" can be covered under modern copyright law. I felt is was an interesting forum topic. That's all.
 
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nobody
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Re: Photography of staged subjects
« Reply #17 on: Jan 9th, 2004, 10:33am »
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I felt *it* was an interesting forum topic.
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tabberone
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Re: Photography of staged subjects
« Reply #18 on: Jan 9th, 2004, 10:57am »
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I found the ruling quite useful.
 
I'm bookmarking it for use in the future.  It's certainly nothing I would have found in my normal course of searching.
 
Thanks for bringing it up.
 
IMHO it's better to ask questions and get help then to post garbage.
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nobody
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Re: Photography of staged subjects
« Reply #19 on: Jan 11th, 2004, 12:35pm »
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JimIvey wrote:
 
"Unfortunately, I don't agree that independently replicating someone else's work by replicating their steps is enough to say you didn't copy the expression."
 
But in a case like you cited: If a court determines that A in fact had the opportunity to copy B's work, the second issue (similarity) is what matters. And if the only originality present in the work is camera angles, lighting, and the choice of what to photograph, it is highly believable that a second photographer would use the same techniques common to the profession. In such a case where the originality is *so* minimal that any second photographer could have found the same guidance in any number of places, IMHO the court *should* shift the burden of providing proof entirely to the claimant. And so what if someone copies your camera angle. IMO that doesn't deserve a monopoly. However, in a photograph of a *staged* subject, there could be sufficient originality to make copying obvious. Sorry for the rant Smiley
 
« Last Edit: Jan 11th, 2004, 12:37pm by nobody » IP Logged
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