Would this be a photo infringement of some sort?

5 years 1 month ago #635849 by J Photo Man
Today actually felt like spring a little.  I started to think after seeing this beautiful scene show it self in front of me.  It reminded me of Windows 'Bliss'  https://www.photographytalk.com/photography-articles/7987-the-story-behind-the-photo-you-won-t-forget

I mean it looked so darn close.  So my question is, if you took this photo and turned out the color tones were pretty close, and the clouds just happened to look like these, would there be any issues?  I mean in this example you took the photo, it's yours so could you sell the photo legally?


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5 years 1 month ago #635853 by Nikon Shooter
If you STEAL a shot taken by someone else… very, very bad.
If YOU TOOK a shot very, very similar… just fine.

Have a good time!

Light is free… capturing it is not!
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5 years 1 month ago #635856 by garyrhook
In the US, if you went through the effort to recreate a shot, intentionally make a copy, then that would be a problem.

However, capturing an image that is similar to what someone else has done? Not a problem. Copyright is over the instantiation of an idea, not the idea itself. A green, rolling hill under a cloud-flecked blue sky... not a unique idea. An image of it is unique, because you won't recreate that exact image ever.

So go ahead, try your best. You're safe.


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5 years 1 month ago #635872 by J Photo Man
Fantastic, great clarity guys.  What's funny is that I thought for sure there might be some BS law that would slide us into the boiling water. 

You know what, another question on the same example above.  Imagine you captured another 'Bliss' shot.  Now, seeing we are talking about a unique shot here, could back in the day another company in Microsofts space license your image to use? At what point would this become an issue?


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5 years 1 month ago #636016 by Connie K Photos
No fair game


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5 years 1 month ago #636163 by The Gardener

Nikon Shooter wrote: If you STEAL a shot taken by someone else… very, very bad.
If YOU TOOK a shot very, very similar… just fine.

Have a good time!


OR in short... PLAY BALL!


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5 years 4 weeks ago #636232 by Kate Stailey
That would be so tough to charge you with, there would have to be provable intent that shows you took the photo with the intent to mislead.  


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