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   Author  Topic: Photography of staged subjects  (Read 1910 times)
JimIvey
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Re: Photography of staged subjects
« Reply #5 on: Jan 7th, 2004, 2:15pm »
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Perfect!  Thanks!
 
I guess the original question posed a nuance not obviously in that case -- the fact that the subject matter (being staged) could be considered part of the creative content protectable by copyright.
 
However, I think the case is still relevant.  The cover photographer didn't just happen to walk by the statue in question; he set up the photo in a particular manner, from a particular angle.  And nearly nothing in movies is candid -- it was most likely staged on similar subject matter on purpose.  
 
I suppose it all comes down to how staged is "staged", how different is "different" and how similar is "similar."  That is something I can't answer.  But the case should prove to be interesting reading nonetheless.
 
I hope it helps.
 
Regards.
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nobody
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Re: Photography of staged subjects
« Reply #6 on: Jan 7th, 2004, 2:32pm »
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Thanks to both of you for the reference. However, I don't believe this is the same case a contact had told me of.
 
Anyway this is interesting and IMHO brings copyright protection dangerously close to a 70 year patent.
 
In such cases if the courts are going to rule based on "had the opportunity to copy" rather than "did copy" and mere ideas are at issue rather than direct side-by-side copying, then it seems to me that this is effectively a 70 year patent.
 
Call me ignorant, but personally I have never seen this cover.
 
There is the problem I have w/copyright - people want to extent the scope of it more and more. Some in the U.S. want to include typefaces. (opposed to the code which is protected) Some want to protect databases beyond any original authorship. I disagree.
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nobody
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Re: Photography of staged subjects
« Reply #7 on: Jan 7th, 2004, 2:41pm »
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"I guess the original question posed a nuance not obviously in that case -- the fact that the subject matter (being staged) could be considered part of the creative content protectable by copyright."
 
That is a monumental distinction to ME. Staging a photo, being similar to writing one "frame" of a screenplay, requires much more original expression than fiddling with camera angles, etc, and photographing a pre-existing object. It doesn't make sense to me. But then I'm not a judge Smiley
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nobody
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Re: Photography of staged subjects
« Reply #8 on: Jan 7th, 2004, 2:53pm »
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I don't have the citation handy, but at least one court ruled that for an original arrangement of a public domain song to merit copyright protection, it must be more than mere "****tail party variations" obvious to any professional musician.
 
By the same logic, why should mere camera angles, lighting, etc, obvious to any professional photographer, be protected authorship in photographing a pre-existing subject of which you have no physical control?
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nobody
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Re: Photography of staged subjects
« Reply #9 on: Jan 7th, 2004, 2:58pm »
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My remark should have read: "mere c.o.c.k.t.a.i.l party variations" obvious to any professional musician.  
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