Idea vs Expression

Well, here's one more mess for photographers, and one more reason why attorneys will never be out of a job. Be sure to follow the link inside this post to find out what stirred all this up.

Idea vs Expression

If copyright extends to the idea, then none of us would be able to take a picture. To quote a line from a song, 'It's all been done before.'

I can't decide what's worse: the fact that there is a need for a website called Photo Attorney, or that this guy has his shorts in a wad over something so trite.

Intellectual property copyright law can get downright ridiculous at times...this is one of them. Here's someone who is contacted by a book publisher who wants to purchase some of his work. He declines and then whines about seeing something vaguely similar on a book cover 3 years later? I missed the part where he owned the rights to snow, clotheslines, and run down houses. Personally, I think the photo on the book is better anyway.

I missed the part where he owned the rights to snow, clotheslines, and run down houses

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LOL. Exactly. it's that whole insane mentality of 'I saw this scene first so it's my photo'. Even Joe McNally recognizes this in a lot of photographers when he does workshops --they stake out their "territory" on a photo shoot and guard it feircely Ha-ha!

To play devil's advocate here, he does have certain point.

I do graphic design work as well, and it's funny how people just expect me to "whip up" designs and not expect to pay for them, like I do all of this just for sh#ts and giggles or something. I told a recent client that this is a business, and they stand to earn a profit from my work, and I expect to be paid. When I quoted a price, they suddenly didn't need as much design work as originally thought.

It's darn hard being an artist in the digital age. We can't publish our work without fear of someone else ripping it off. Facebook provides great exposure, but at the same time, you can't protect yourself much either. Getty Images/iStockPhoto/others are the death of stock photography and should be outlawed in my opinion.

We can't publish our work without fear of someone else ripping it off.

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This guy's (Soth) work was not ripped off. He states clearly that the publisher wanted to "purchase rights" to his photo. I checked fotoquote (through photoshelter) to see what the ballpark figure for commercial licensing (for a bookjacket) runs: low end is $3500. It sounds like this guy didn't know how to negotiate and was a little too "attached" to his image, and now is mad at himself. Two dead giveaway's that they might copy his idea: they really liked his photo and they asked about photoshop. He doesn't share his reason for not agreeing. It's not like they were asking to photoshop in some pornography. He chose to stick to his vision (whatever that is for this picture), and that's his right.

Ideas are not copyright protected (thank God!) The only thing frustrating about "being in Mr. Soth's shoes" is having missed an opportunity, and it sounds like he's looking for something to kick other than himself.

I just meant that here is a publisher following the correct protocol in contacting the photographer and asking about licensing vs. just buying a cheap stock photo or just ripping it off...and the photographer shot them down due to his own stupidity.

Maybe I'm just shallow, but for $3500, I'd sure be willing to sacrifice a little artistic vision.

I just meant that here is a publisher following the correct protocol in contacting the photographer and asking about licensing vs. just buying a cheap stock photo or just ripping it off...and the photographer shot them down due to his own stupidity.

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Exactly.

Maybe I'm just shallow, but for $3500, I'd sure be willing to sacrifice a little artistic vision.

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I feel the same way. I don't think it's shallow . . . I think it's good business sense.

I just had a great idea though. I'm going to use my camera to take pictures. Now I'm off to apply for a copyright on my idea so no one else can do it.

Yeah, this is why some lawyers are so rich... they try to make you believe you can win much money and a lot of times the lawyers themselves are the ones making more dough.

Anthony Hereld said:

I just had a great idea though. I'm going to use my camera to take pictures. Now I'm off to apply for a copyright on my idea so no one else can do it.

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LOL........too funny.

ohkphoto said:

Exactly.



I feel the same way. I don't think it's shallow . . . I think it's good business sense.

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Absolutely! This guy was (and still is) an idiot for not taking advantage of a great business opportunity. Serves him right.