Style of photos be copyrighted?

3 years 6 months ago #698370 by KENT MELTON
On Friday, I was talking to another photographer who mentioned in discussion that I need to watch out with the type of photos I was taking.  I had mentioned that I was working on my portrait portfolio, and had been trying to create my version of the Afghan Girl from Steve McCurry.  He stated that these sort of images are copyrighted, and that you can't even take a similar photo.

Is this true?  


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3 years 6 months ago - 3 years 6 months ago #698373 by Piechura
In theory, I guess it's no different from music or filmmaking. It would depend on what exactly you're trying to copyright. You can't copyright a whole music genre, but you can copyright a particular progression of notes. But even then, if there's some classical music with those notes, then suddenly it's difficult for anyone to claim that they own them. So with something like the Afghan Girl photo, you'd have to be copying a hell of a lot in order to be infringing copyright, and even then, if it was clearly done for parody purposes, that would also be allowed under copyright law.

Here's an interesting article on the subject. In the example of that first picture, I think you could reasonably argue that enough of the elements have been copied for it to be copyright infringement, but obviously it often depends on local law and proving it in court. Kinda like a company trying to prove that their design or logo is a copy. The lawyer who wrote the article though thinks that even those two photos are different enough not to be copyright theft.

I mean is this car a copy?


Quite obviously yes, and if they tried to sell it in Europe or America, no doubt they'd get sued. But in China, no-one cares.

But is this car a copy?



That's a bit trickier to prove, so probably not, even though it's clearly inspired by it and has lots of the same design elements.


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3 years 6 months ago #698377 by Nikon Shooter

KENT MELTON wrote: Is this true?  


BS, nonsense!

Shoot in peace and have a good time! :P

Light is free… capturing it is not!
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3 years 6 months ago #698378 by fmw
Complete nonsense.  Imagine taking an image of Half Dome in Yosemite or Niagara Falls and having some other photographer wanting to be paid because he had photographed the subject earlier.  I gave me chuckle.  If you record an image it is yours.  If someone else records an image it is not yours.


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3 years 6 months ago #698401 by KENT MELTON
OK, thank you all.  It sounded a bit off, but they had a half ass compelling story, so it was in my thoughts.  


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3 years 6 months ago #698573 by Stanly
That is one of the silliest things I've heard.  No, not going to happen. 

Nikon Z6 | Nikon FM10 | Nikon D80 | Nikon 50mm f/1.8D | Nikon 18-105mm f/3.5-5.6 AF-S VR | 35-105mm f/3.5 Macro | 80-200mm f/4.5 | SB600 | Pocket Wizard II
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3 years 6 months ago #698666 by MM Images
Funny thought, but not going to happen.


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3 years 6 months ago #698692 by Don Granger
Get out there, create your shot, and use others for inspiration.  Nothing wrong with that at all.  If you want to stand out, find a way to make the shot unique and different.  


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