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Photography Question 
unknown 
BetterPhoto Member Since: 3/8/2006
 

What to do about this...help please?


I'm probably being ridiculous about this, but I just recently have seen an image that looks very close to mine. The use of colors, how the image is used and the name. It's probably just a fluke, but I can't help but be bothered by this. I know you can't stop a person from "duplicating" images you created, but how do you deal with this if it continues? I'm not flattered and I think of myself as an amateur. Help please?


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6/18/2006 11:12:36 PM

 
Gregory LaGrange
BetterPhoto Member Since: 11/11/2003
gregorylagrange.org
  Ironic this came up. Those who make a living get their pictures, works, filed with the office of copyrights. Fill out the forms, pay the fee, get it officially copyrighted. Key word is officially. You can't copyright and idea, but you can copyright an image. Although when it comes to business, you can get into trouble for directly copying, verbatum, someone's use of an idea.
Ever notice women's shampoo commercials all have a women who act like they're on ex just from shampoo? Everybody has the same idea, but if you copy too closly somebody's use of the idea, i.e. the commercial, you can get sued.
But enough of that. Something like your case. If they really are copying, try an email to say, "Hey, mind coming up with your own stuff?". But the only effective way is to not put anything in a web gallery.

This thread is why I said ironic
http://www.betterphoto.com/forms/QnAdetail.asp?threadID=24459


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6/18/2006 11:30:04 PM

 
unknown 
BetterPhoto Member Since: 3/8/2006
  I actually did read a few threads about copyright issues and understand what you're saying. It's tough right? People liking ideas of another but coming to close to being exact. The hard thing for me is the image is found on this site a few weeks after I posted mine. I don't want to come off sounding like a snot, but it really has bothered me and so far has happened only the one time. I could post the image link to the image that looks almost exactly like a 'negative' version of mine because the colors are inversed from what I did but I don't want to start any problems. As far as not putting anything up is not going to work because I've got a site registered and am authoring the site to sell photos. It's funny how you said it's ironic. I agree. Thanks for the link...am reading it now.


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6/19/2006 10:07:40 AM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  No one's going to be able to sell anything you post on a BP gallery, mainly because it's low quality. Also, even though you didn't sign paperwork or anything, your photo is copyrighted, and other people can't use it as your own work.
I'd like to see the links to both pictures so we can compare. Sometimes, it could be pure coincidence that two pictures are similar. Although I don't know the link, I once saw a dandelion photo on BP which looked very similar to mine, but I'm fairly sure he didn't copy mine. He might have even posted his before I did, but I came across his later.

Ariel
ScrattyPhotography


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6/19/2006 3:41:37 PM

 
anonymous 
BetterPhoto Member Since: 2/7/2005
  If they haven't "taken your shot" then it isn't copyright. that is like taking a shot of the Harbour Bridge, under sunset in a certain positon, it doesn't mean that because you have taken that shot no one else can ever take a similar shot. That is crazy. Unless they have actually "stolen" your actual shot, there is no copyright issues. Each shot, no matter how similar is always different, unless it is a duplicate.


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6/19/2006 6:29:28 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  I'm curious too! Email me the links ;)!

Hey Gregory, for old gals like me could you please make bigger print? I'd hate it if I missed something you wrote because I couldn't read it, and I almost couldn't read that last one :o)!


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6/19/2006 8:22:53 PM

 
unknown 
BetterPhoto Member Since: 3/8/2006
  Natalie, I'm not saying nobody could ever take a shot the way I did because that would be insane and many places would be "unphotographable" and considered off limits if that were the case. The way the coloring is done, the name (although he did change it) is just too close in similarities with mine. I've seen various photos here all done in there own artistic way. This however seemed to scream. For those of you that are interested in the links, I'll send them to you personally just because I don't want to cause an uproar here. I've seen his work prior to the photo that looks like what I did just in a negative version...and he does do great work but nothing like what I'm talking about.


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6/19/2006 9:15:41 PM

 
anonymous 
BetterPhoto Member Since: 2/7/2005
  Mel,

Send me the link, so I can have a look, but unfortunately, what I said still stands, it is his own work, and although I might not fully agree with it, it has to be a blaten stolen copy of yours to be copyright. Although it still isn't nice when people copy your photos. But unfortunately, there is nothing you can do.

I always scroll peoples site for ideas, poses etc, but my shots are still my shots, they never look the same.

Send it through.


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6/19/2006 9:25:20 PM

 
anonymous 
BetterPhoto Member Since: 2/7/2005
  For example - how many times have you seen photographers pose babies on towels with a black backdrop???? aka my photo.


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6/19/2006 9:26:27 PM

 
unknown 
BetterPhoto Member Since: 3/8/2006
  I forgot to add, no he isn't trying to sell the photo as his own. He did change the name however to make it different because before I posted this the name was also similar (and I did contact him asking him about it NOT attacking, but asking)..although I do realize many titles can come up the same for many various photos having the image very much like mine (just colors inversed) and the title being similar, that's what's driving me nuts.


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6/19/2006 9:28:00 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  Hey, I've seen the photos. The other guy should have called it "Simple, yet Insane". Joking. Really, the two are very similar and the titles are too close. But still, he took it in a different way, and edited it differently, too. And, if I may say so, I think his image is nicer than your image, but this isn't my expertise.

Did he ever actually say he got the idea from you? Maybe he didn't even see your photo. He likes taking photos of all sorts of subjects and altering them.

Even if he did, it shouldn't bother you, since it's his work, even if your photo helped give him the idea.

By the way, he didn't change the name of his photo - he re-uploaded it with a different name.


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6/19/2006 9:37:13 PM

 
anonymous 
BetterPhoto Member Since: 2/7/2005
  Ouch.......
"And, if I may say so, I think his image is nicer than your image"

Have you sent through the image so I can have a sticky beak?


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6/19/2006 9:42:04 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  Didn't mean to hurt you, sorry. I was just saying that if he was copying you, he was also improving on you. Your image is nice, too!
And I'm not sure what you mean by, "Have you sent through the image so I can have a sticky beak?"


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6/19/2006 9:51:28 PM

 
anonymous 
BetterPhoto Member Since: 2/7/2005
  Was talking to Melissa.

You didn't hurt me, wasn't about me, I think you have got confused on who you where talking to. Melissa is the person who has the problems with the pic, Im Natalie, I am just replying like you are. Just thought your reply was a little bit "insensitive".


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6/19/2006 9:58:09 PM

 
unknown 
BetterPhoto Member Since: 3/8/2006
 
 
 
Sticky beak? No he didn't say he got the idea from me, but he did leave a comment on mine saying what I did was similar to HIS idea, which is absurd since mine was uploaded weeks ago. Whatever, there will be more pictures than just this one to take. Oh sorry Natalie, I thought I sent it. I'm not worried over who likes who's image more, but I still want to know how to handle this. Even if it is just for my own sanity. A friend of mine told me to let it go, but how do you let go when it's something new that's happened or even if it IS just a fluke?


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6/19/2006 9:59:40 PM

 
unknown 
BetterPhoto Member Since: 3/8/2006
  Sticky beak? No he didn't say he got the idea from me, but he did leave a comment on mine saying what I did was similar to HIS idea, which is absurd since mine was uploaded weeks ago. Whatever, there will be more pictures than just this one to take. Oh sorry Natalie, I thought I sent it. I'm not worried over who likes who's image more, but I still want to know how to handle this. Even if it is just for my own sanity. A friend of mine told me to let it go, but how do you let go when it's something new that's happened or even if it IS just a fluke?


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6/19/2006 10:01:54 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  I've seen both photos and they are a little similiar but not a copy or duplicate. There's a difference with the petals and shape of the rose. While I'm sure none of us want someone copying our ideas I don't think there's much anyone can do about it. It's like the example of the bridge shot Natalie described a few posts back. I've seen workshops where photographers are lined up taking photos of the exact same thing. There's no way they aren't going to look alike but they aren't the same photo therefore no copyright infringement. How many images of Mount Moran reflected in Oxbow Lake are floating around?? (if that's a pun excuse me) Many!

As for titles, titles can not be copyrighted. Sometimes when I think I have an original title I'll do a quick search to see if it's really original or not. I accidentally titled at least one of my images the same as someone else. Not knowingly at the time, but I discovered I had done so much later.

One thing I think happens is there are so many great photos out there it's virtually impossible to remember them all. It's quite possible someone will see an image they enjoy and then when they decide to take a similiar image they might very well not even recall or know they're copying. Unfortunately copying happens.


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6/19/2006 10:12:15 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  Oh, sorry about the confusion, Melissa and Natalie... :*

You know, I bet he actually didn't see your image until you brought it to his attention. I'd say just give him the benefit of the doubt and forget about it. Like I said, I might have posted my picture of a dandelion after or before that other guy did, but I didn't see his image before I posted mine, and both photos are very similar (including the titles which were identical - "Dandelion"), and we both think it's cool that they're similar - we're not complaining or feeling bad about it.


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6/19/2006 10:14:49 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  Who copied? I found these two images right in the winners. One won in February 05 and the other more recently in February 06.

http://www.betterphoto.com/gallery/dynoGallDetail.asp?photoID=735314

http://www.betterphoto.com/gallery/dynoGallDetail.asp?photoID=1813121

You don't have to look very long to find more examples like this. I'd try to blow it off.


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6/19/2006 10:23:31 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  Okay, that idea is rarer. But it could be, like you suggested, that the second photographer saw the other picture a year ago and forgot about ever seeing it.
But each picture is better than the other in different ways, even though they are similar. So, even if the latter person copied the idea, he (maybe) tried to do something different.


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6/19/2006 10:35:02 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  It seems like everything has been done. It's difficult to find a new and unique idea for photography anymore. I'm sure the lemon splash has been done prior to either of them doing it. When I thought to do a quick comparison those were the first ones I found. I know I've seen that technique a few times before. Maybe with oranges or limes.


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6/19/2006 10:38:00 PM

 
anonymous 
BetterPhoto Member Since: 2/7/2005
  Oh I remember the lemon/orange shots, I was like - can anyone think of anything else, back then, the judges were loving them!

I'd leave it, it happens all the time, at the end of the day, you can only copyright an image, not an idea.


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6/19/2006 10:38:41 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  Looks like they still love them :o)! Maybe it's time I try one ;)!


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6/19/2006 10:44:48 PM

 
unknown 
BetterPhoto Member Since: 3/8/2006
  Thank you for your help everyone. I'll do just that then, leave it. I'm going to have to get used to just letting go. Always easier said than done, and it probably was just a fluke. I appreciate all of the input with this. =-D I feel tons better.


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6/19/2006 10:45:33 PM

 
Gregory LaGrange
BetterPhoto Member Since: 11/11/2003
gregorylagrange.org
  "brown">Not knowing what the other photo looks like, but now knowing that it's a flower photo, I'm now seeing that you may be annoyed, but you may just as equally not have anything to stay annoyed about. Similar photos? The under side of a poppy flower. The reflected flower in the water drops on glass. The single flower titled "Simplicity". The macro shot looking down into a rose.(pick your color, they're always in stock). The black and white photo with the flowers left in color.(feel free to substitute somebody acting like they're painting the flower, but don't worry, that's in stock too). The bird of paradise(think that's the name, orange pointy flower) against the black background. The callilily, very popular in black and white. Macro of orchids. Yada yada...


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6/20/2006 12:31:44 AM

 
Gregory LaGrange
BetterPhoto Member Since: 11/11/2003
gregorylagrange.org
  And Sharon D. Monotype corsiva comes out a different size than others. It also has a big jump between size 4 to 5

Size Three

Size Five


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6/20/2006 12:38:59 AM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  Thanks Gregory! Anything larger than the yellow green or maybe it was the color??? This getting old is the pits, but I wouldn't like the alternative to aging just yet :o)!


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6/20/2006 5:37:46 AM

 
Bob Cammarata
BetterPhoto Member Since: 7/17/2003
  I'd like to throw in my 2 cents:

Seasoned pros and experienced amateurs are always a bit paranoid about someone copying their ideas and techniques.
It's a hard thing for many to accept that two or more individuals can come up with an identical concept.

I'll bet that if you turn a bunch of visually gifted photographers loose in a field somewhere and tell them to shoot whatever they like, you will see many duplications of ideas, compositions, selective focus, backgrounds,...etc.
Each though will be unique.

Many on this site are inspired by photos that win in the contest and I'm sure that some ideas ARE indeed duplicated.
A quick glance at a person's Gallery will usually help determine whether he or she is one who routinely gets ideas from other photographers.
Or,...it's possible that they just happened to have had a similar revelation and acted upon that vision to create what they thought might make a good photograph.

Bob


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6/20/2006 9:00:07 AM

 
unknown 
BetterPhoto Member Since: 3/8/2006
  So then, I'm not the only one that has gone nuts and felt this way? That's a relief. Pros go through this sort of thing as well? I do have tons to learn, more than I thought. I did look through his gallery as mentioned. There's a sunset shot in there I like. Thanks for throwing in the two bits. =-D
Gregory, you are right also. When it comes to plants and especially landmarks there will be identicals.


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6/20/2006 9:24:43 AM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  Well said, Bob! I think a lot of inspiration comes directly from the instructors as well. I've seen copying photos that instructors have featured and if they didn't want people expanding on these ideas they wouldn't share them. What about books? Do photographers that write books detailing how to accomplish something such as a special effect think no one will try the the techniques and use them as well? I'm sure the expect this.


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6/20/2006 9:44:51 AM

 
Gregory LaGrange
BetterPhoto Member Since: 11/11/2003
gregorylagrange.org
  Unimportant, but, size three was the first one. This is size four.


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6/20/2006 11:13:01 AM

 
Jenny Bosmans
BetterPhoto Member Since: 5/24/2005
  Sharon...and everyone else...try holding down the Ctrl button and then scroll your mouse up and down...isn't that 'great'?! :)


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6/20/2006 11:33:20 AM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  Thanks, Gregory & Jenny! I keep forgetting to do the ctrl and scroll thing. Maybe now I'll be able to remember. Did I mention the memory seems to go at the same time as the eyes?


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6/20/2006 11:51:15 AM

 
Robyn Mackenzie
BetterPhoto Member Since: 3/21/2005
  By the way, "sticky beak" is "an Australian colloquialism for any annoying, inquisitive person." You can HAVE a sticky beak at something, as well as BE a sticky beak, if that makes any sense...

Cheers! :o)


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6/20/2006 8:16:14 PM

 
Dennis Flanagan
BetterPhoto Member Since: 12/31/2005
  I reckon your response is fair dinkum to me.


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6/20/2006 9:20:27 PM

 
Gregory LaGrange
BetterPhoto Member Since: 11/11/2003
gregorylagrange.org
  A jumbuck in a tuckerbag.


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6/20/2006 10:15:28 PM

 
Ariel Lepor
BetterPhoto Member Since: 9/8/2005
  Is this all Australian? I don't understand a word of it!


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6/20/2006 11:05:31 PM

 
Robyn Mackenzie
BetterPhoto Member Since: 3/21/2005
  Yes, Ariel, it sounds fair dinkum (genuine) Aussie to me!

As in: "Must take a stickybeak at the new Superman, to see how he looks in his budgie smugglers..." :o)


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6/20/2006 11:17:06 PM

 
Helen M. Haw   On the topic of someone possibly copying your work, sometimes it can be accidental. I live in a small town and belong to a local gallery. I entered a photo then went into the rest of the gallery just to see what had come in. There was a photo identical to mine even the same title. The photographer was there too hers had a few less flowers blooming We laughed. I won, hers wasn't in the contest. Azalea lane is in my gallery here.


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6/21/2006 8:45:26 PM

 
Sharon  Day
BetterPhoto Member Since: 6/27/2004
  Helen, without a doubt! There has to be hundreds of that cougar jumping between rocks someplace out west. I sometimes wonder if the poor thing gets tired LOL.


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6/21/2006 8:51:26 PM

 
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