Forums > General Industry > Is it "theft"? Are ideas or concepts exclusive?

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

Just curious.. I saw something in another photogs' port I thought was cool. I tagged him, said I really liked his work, complimented him and said his photos gave me inspiration and that I'd like to try to give the technique a try myself.

He replied with a somewhat curt and rude tag, telling me to get my own ideas, and not to copy him.

So.. Drawing inspiration from other photographers is forbidden nowadays?

Sorry to say it, but I often get the creative juices flowing by studying new trends and other photographers work (in addition to other mediums as well...) to get new ideas and spin them into my own vision..

Thoughts? Am I some sort of "concept thief" for studying other artists?

~R

Nov 13 06 10:38 pm Link

Photographer

Chris Macan

Posts: 13020

HAVERTOWN, Pennsylvania, US

Chances are he grabbed the idea from someone else.

Should you copy his work?  .... No I think not.
Is it cool to use it as a starting point to inspire your own images?
Sure, why not.

Nov 13 06 10:41 pm Link

Photographer

Allure by LH Taylor

Posts: 633

Austin, Texas, US

photiesto wrote:
Am I some sort of "concept thief" for studying other artists?

God I hope not.  I would think that just about every concept, every pose, every lighting technique has been tried many times over.  If we weren't allowed to reproduce things we've seen in more experienced photographers' works, what else is left to shoot??

I would say the photographer who was rude to you was probably a bit insecure about his work.  Perhaps he thought you might do it better?

Heck, if you can do one of my photos better, I'd be asking you to share your secret so I can learn!

Nov 13 06 10:41 pm Link

Photographer

Morbid Rockwell

Posts: 593

Fresno, California, US

The saying goes, "You can't create in a vacuum".

You cannot copyright concepts. I've seen many a thread that mentioned this fact. If your an artist, you won't copy to the "T", but nothing is stopping you.

Put your own twist on things and try to improve an idea. Make it your own.

I've recently seen something that I really liked the idea of, but I'm definately throwing a twist on it.

Nov 13 06 10:42 pm Link

Photographer

Daniel

Posts: 5169

Brooklyn, New York, US

If you're a "concept thief" then so is everyone else. Period. No exceptions. Look at any form of "art." You'll find parallels from one artist's work to another. Have fun and thieve away!

Nov 13 06 10:43 pm Link

Makeup Artist

Luna Pearl

Posts: 150

Chicago, Illinois, US

I had a similar experience with a photag who contacted me about a shoot for body painting, said he wanted a fine arts feel...I directed him to the web site of my body painting idol, so I would know if we were on the same page.

He wrote me back and said he had no intention of stealing someone else's ideas and that he changed his mind about working with me, what an jerk!!!

When I body paint, I sometimes copy a animae pic that I did not create...or hello kitty to paint on a child's face...is that stealing????  I am a creative person, but not too artistic unless I see something I can pull from or copy.

Besides is not "imitation the highest form of flattery"????

Just a thought

Nov 13 06 10:52 pm Link

Photographer

Scribe of Souls

Posts: 564

Bonner Springs, Kansas, US

photiesto wrote:
Just curious.. I saw something in another photogs' port I thought was cool. I tagged him, said I really liked his work, complimented him and said his photos gave me inspiration and that I'd like to try to give the technique a try myself.

He replied with a somewhat curt and rude tag, telling me to get my own ideas, and not to copy him.

So.. Drawing inspiration from other photographers is forbidden nowadays?

Sorry to say it, but I often get the creative juices flowing by studying new trends and other photographers work (in addition to other mediums as well...) to get new ideas and spin them into my own vision..

Thoughts? Am I some sort of "concept thief" for studying other artists?

~R

Don't worry about other togs.  He probably wouldn't want you to shoot any of the models he shoots either, since he shot them first!  Sounds like he has real insecurity problems.

Nov 13 06 10:57 pm Link

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

Ok, good. That's pretty much where I was coming from too. I mean, lord knows, I have no intention of copying someone elses work, verbatim, but when I see a technique (in this case, a photoshop effect) that I think I could apply to my own work, and put it into effect with my own stylings, then hell, that's not inventing sliced bread, that's inventing a better bread slicer.

Anyways, the guy went from "a good photographer who inspired" to "guy who thinks he has exclusive rights to an idea or concept". *shrug*

Nov 13 06 10:59 pm Link

Photographer

Hugh Jorgen

Posts: 2850

Ashland, Oregon, US

If you can think of it ..

It has most likley been thought of before.

I stole this shot from a calender i saw in a auto repair shop in 1956..

Its been on my mind along time..

Since it is from memory i cant say it is identical..

People have asked for my secrets for many years..

I gladly give them up..

Cause without Competition we go stagnent..

(:-------

Hj

Nov 13 06 11:00 pm Link

Photographer

Miles Chandler

Posts: 647

Victoria, British Columbia, Canada

As I've said many a time to other artists: if you EVER think you've done something unique, it's just your ignorance showing. There are and have been too many millions of people working in these mediums to avoid duplication. I run into photos even on MM that look eerily close to my own.. did we copy each other knowingly? Nope. Does that change the pictures? Nope:-) Just use ideas you like- your take on a shot will always come out differently anyway.

Nov 13 06 11:04 pm Link

Photographer

Morbid Rockwell

Posts: 593

Fresno, California, US

Miles Chandler wrote:
As I've said many a time to other artists: if you EVER think you've done something unique, it's just your ignorance showing. There are and have been too many millions of people working in these mediums to avoid duplication. I run into photos even on MM that look eerily close to my own.. did we copy each other knowingly? Nope. Does that change the pictures? Nope:-) Just use ideas you like- your take on a shot will always come out differently anyway.

I've always (should I say, since I first saw it) loved your avatar. Had you seen anything like it before? From where do you draw your influence?

It'd be really neat to have a study of what pushes the creative juices through out heads and see what we produce with others works in mind. To see the mentor's and student's works, side by side, would be a study in itself.

Nov 13 06 11:12 pm Link

Makeup Artist

ElectricSkittles Makeup

Posts: 12

Bellevue, Washington, US

We all learn from others in differant ways.... I am sorry he tegged back liek that ..it is rude and uncalled for.

Besides these days it is really hard to say who did it first... I have had many ideas as a MUA and then right before I go to do it I see someone post something almost picked right form my brain.

Nov 14 06 12:07 am Link

Photographer

Joseph D Castleberry

Posts: 188

Chicago, Illinois, US

Someone had emailed me with the same statement - mentioning how he liked one of my photos , and complimented it tremendously ..... he then goes on to ask me - " what do you think if I try to do this same shot - " , I had said " Go for it - I'd love to see your effort towards it !!!!! "

I dunno - personally - I think it would be awesome to see someone do versions of my shots , re-replications or what ever - I think it would all be for a good laugh to see the mockery !!!!!

Nov 14 06 12:14 am Link

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

Well, for what it's worth... The guy DID send me a message, apologizing for his curt reply. He apparently misunderstood my comment, and has extended an olive branch. (On his own, as he hasn't mentioned this thread)


So.. here's to big people who can step up and admit to being wrong. smile


Cheers to him.

Nov 14 06 12:15 am Link

Photographer

Craig Seay

Posts: 8606

Nashville, Tennessee, US

photiesto wrote:
Well, for what it's worth... The guy DID send me a message, apologizing for his curt reply. He apparently misunderstood my comment, and has extended an olive branch. (On his own, as he hasn't mentioned this thread)


So.. here's to big people who can step up and admit to being wrong. smile


Cheers to him.

I love happy endings~!! *wipes tear from cheek* smile

Nov 14 06 12:24 am Link

Photographer

Vegas Alien

Posts: 1747

Armington, Illinois, US

Someone stole my caution tape idea...

Nov 14 06 12:27 am Link

Photographer

Vector 38

Posts: 8296

Austin, Texas, US

photiesto wrote:
Is it "theft"? Are ideas or concepts exclusive?

enters into that gray area attorneys are often working on: intellectual property rights ...

... but thus far it's been a battle just how to define ownership of an "idea".

F

Nov 14 06 12:28 am Link

Photographer

PK Brazil

Posts: 4265

Baltimore, Maryland, US

"Good artists copy. Great artists steal." - Pablo Picasso

Nov 14 06 12:29 am Link

Photographer

bear_mkt

Posts: 74

Paramus, New Jersey, US

In New York, some copying is okay, so all you MM Warhol-wannabes are safe.

Fashion photographer Andrea Blanch just lost her copyright infringement case against artist Jeff Koons. Blanch shot a pair of woman's feet in high heels for a Gucci ad. The same feet later appeared in a painting by Koons.

Photographer Blanch objected and filed copyright against Koons. Koons defended by saying it was a fair use, "transformative art." The photograph had just one set of feet. The painting had four sets of feet (plus food plus Niagara Falls) and thus a social commentary on basic appetites, "like food, play and sex."

Koons won at trial and just scored another big win recently when the federal Court of Appeals agreed with him.

Good news and bad here. The good: you can incorporate some of other people's stuff without risking a lawsuit. (Been itchin' to shoot this babe Mona in a chair with an enigmatic smile.) The bad: somebody might swipe your ideas.

Nov 14 06 12:42 am Link

Photographer

Craig A McKenzie

Posts: 1767

Marine City, Michigan, US

https://www.nvnews.net/vbulletin/images/smilies/popcorn.gif

Nov 14 06 12:53 am Link

Photographer

R Michael Walker

Posts: 11987

Costa Mesa, California, US

photiesto wrote:
Ok, good. That's pretty much where I was coming from too. I mean, lord knows, I have no intention of copying someone elses work, verbatim, but when I see a technique (in this case, a photoshop effect) that I think I could apply to my own work, and put it into effect with my own stylings, then hell, that's not inventing sliced bread, that's inventing a better bread slicer.

Anyways, the guy went from "a good photographer who inspired" to "guy who thinks he has exclusive rights to an idea or concept". *shrug*

A model I use a lot told me she had to sign a nondisclosure agreement with a photographer she worked with concerning his lighting and techniques. I had mentioned that I liked a certain image he had done of her and said he was probably using HMI's to achieve it. I was originally surprised that a photographer would use lights more associated with the movie industry until she replied she couldn't comment. I laughed but she was serious. So there are apparently people out there who think they are original and that some light or technique makes them that way. To quote Mr T.."I pitty the fool!"
Mike

Nov 14 06 01:05 am Link

Photographer

La Seine by the Hudson

Posts: 8587

New York, New York, US

Mike Walker wrote:

A model I use a lot told me she had to sign a nondisclosure agreement with a photographer she worked with concerning his lighting and techniques. I had mentioned that I liked a certain image he had done of her and said he was probably using HMI's to achieve it. I was originally surprised that a photographer would use lights more associated with the movie industry until she replied she couldn't comment. I laughed but she was serious. So there are apparently people out there who think they are original and that some light or technique makes them that way. To quote Mr T.."I pitty the fool!"
Mike

These are always the most boring photographers anyhow...

Nov 14 06 01:10 am Link

Photographer

La Seine by the Hudson

Posts: 8587

New York, New York, US

Double post monster strikes again again.

Nov 14 06 01:10 am Link

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

It's all fair game
just dont COPY of course ...develop something from the inspring shot

i have heard people dislike to discuss their ideas in detail esp with TFP model who then MAYBE doesnt show but does something similar with another local tog right after that

That must be annoying

Nov 14 06 01:35 am Link

Model

Caroline Ann Martin

Posts: 1736

Williamsport, Pennsylvania, US

Vegas Alien wrote:
Someone stole my caution tape idea...

LOL Too funny...

Nov 14 06 01:45 am Link

Photographer

Nihilus

Posts: 10888

Nashville, Tennessee, US

Some people are weirdos.

The End.

Nov 14 06 01:47 am Link

Photographer

Mortonovich

Posts: 6209

San Diego, California, US

There are only 26 letters in our alphabet. All writers use the same letters. A lot of them use the same words sooner than later.

It's their slant and how it's mixed together that's important.

Nov 14 06 02:31 am Link

Photographer

stan wigmore photograph

Posts: 2397

Long Beach, California, US

There isn't anything that hasn't been done to death over and over.There are no new ideas,what is different is the way you do it.

Nov 14 06 04:40 am Link

Photographer

Lee Gillies

Posts: 1560

London, England, United Kingdom

my idea was to shoot beautiful girls!





turns out its been done before??

dag nabbit! smile

Nov 14 06 04:46 am Link

Photographer

ClassicHorror

Posts: 4144

Spartanburg, South Carolina, US

"Bad artists copy. Great artists steal." - Picasso

Nov 14 06 05:04 am Link

Photographer

Photo-op

Posts: 10256

Asbury Park, New Jersey, US

If you ever told me that any of my work inspired you, not only would I be flattered but you'd have a friend for life. I realy haven't put up anything creative yet. I just put up my 4 required for sign up. I'll get to more at some point.
I do have a model lined up that wants to be creative and play. I may have some interesting stuff up soon..... and if that inspires you ..... go for it.

Nov 14 06 05:25 am Link

Photographer

UIPHOTOS

Posts: 3591

Dayton, Ohio, US

What I find funny is that ANY two people looking at the exact same situation will see it differently.. Ask any eye witness.. LOL

So to think two photogs shooting the same model at the same time will come up with the SAME image is asinine at best.. Everyone brings their eye to what they shoot..

So even the same idea wont have the same outcome.. I get inspired often by what I see others do.. often attempting it and feeling foolish with the outcome.. but each picture you shoot gets you closer to finding your OWN eye.. No matter what the idea police may think..

Nov 14 06 05:35 am Link

Photographer

Reverend D-Ray

Posts: 67

Richmond, Virginia, US

Well I steal all of the time, see a lighting issue that I have tried and failed at and immediatly ask the shooter "How did you do that?". On the flip side of the coin, I have had folks ask me how I did some of my work and I tell them what worked for me. Ideas are not exclusive, nor are concepts, thoughts, patterns, pizzas, models,etc.

I say steal away.

Nov 14 06 05:42 am Link

Photographer

Miles Chandler

Posts: 647

Victoria, British Columbia, Canada

Dredful Jaymz wrote:
I've always (should I say, since I first saw it) loved your avatar. Had you seen anything like it before? From where do you draw your influence?
It'd be really neat to have a study of what pushes the creative juices through out heads and see what we produce with others works in mind. To see the mentor's and student's works, side by side, would be a study in itself.

Well, thanks! Yes, that idea was a partial steal.. I saw an image of a model with a long silk banner held to her body by wind on a cliff and decided to try it. Red being the best contrast for a blue sky.. A friend of mine wanted me to try doing fashion/port shots of her and I agreed to try if she'd buy me 20 yards of red cloth and let me do a few shots (couldn't afford silk!). I soon realized I'd need a hurricane to keep that whole cloth in the air, though, so I had to arrange it and hold up the end with my left hand while shooting with my right:-) Luckily, she's a dancer and managed to give it more implied movement.
I have another idea for that cloth which I haven't gotten around to yet, but it's all my own (I think!). A waterfall in winter, or snow covered cliff, with the model lying on top and the red cloth a straight fall cutting the landscape in half vertically- the only colour in the frame, almost. 
I get my ideas from books, websites, paintings, movies (I did a great PillowBook shoot once).. I save almost striking pic I look at on line (a bad habit, since 90% of the time I barely glance at them again), and see thousands of variations on great concepts.

Nov 14 06 07:13 am Link

Photographer

Gary Blanchette

Posts: 5137

Irvine, California, US

Vegas Alien wrote:
Someone stole my caution tape idea...

I used duct tape instead. Poor model's skin is still healing...

Nov 14 06 07:23 am Link

Photographer

FKVPhotography

Posts: 30064

Ocala, Florida, US

Many years ago I was given some advice by a very highly paid photographer. He told me to keep a "swipe file" of photos from magazines, newpapers, any type of printed material in a file and when I need inspiration to look in my "swipe file". It was not meant to copy but to use as a jump off point in creating your own work. Of course now we have the internet but the idea is the same.

There are many other photographer whose work I admire. I don't want to copy theirs but they do give me inspiration to create some of my own.

Nov 14 06 07:27 am Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

Scribe of Souls wrote:
Don't worry about other togs.

Anyone who would copy and steal someone else's work is definitely a "tog."  But since there is no such term in the biz, and quite frankly, I am getting tired of seeing it, I really don't think there are many togs out there.  Get the hint, tog is not a term you will here in the biz, but there have been plenty of threads on the topic and I am sure you didn't mean antying by it.

Two guys are standing on a road.  Both guys pull out their cameras and set them up side by side and take a photo of an incredible looking bridge.  They are standing so close together that the pictures look almost identical.  The guy on the right fired his camera first so does that mean the guy on the left made an illegal copy?

The answer is, of course not!  There are only so many ways to shoot an inanimate object and there are problem 500,000 photos that look almost identical of the Eiffel Tower or Golden Gate Bridge.  That fact that guy two got the idea to shoot the bridge from guy one means nothing either.

We all, either intentionally or unintentionally reuse inspirations from other artists.  There is nothing wrong with looking at a photo, seeing that it is a kewl concept and then coming up with your own unique variation using the original as your inspiration.  It has already been written in this thread, you can't copyright an idea.

Now, if you saw a photo and tried to duplicate it in every detail, that is a different concept.  However, if you saw a girl wrapped in "caution tape" and thought that was an interesting idea.  So rather than putting the girl on a white background you instead put her on a railroad track, no foul.

Come to think of it, if it was a copyright violation to shoot a girl with caution tape or on a railroad track, half the guys here would be in court.

Nov 14 06 07:34 am Link

Photographer

timothy dolph creative

Posts: 409

Encinitas, California, US

I refuse to do a "caution tape" or also the dreaded goth "chick in the bathtub with fake blood"  gross and messy.

BTW  I see my concepted ideas get copied all the time.  Oh well.

There is one photographer (no names) that follows everything and tries to copy my work... sometimes with the same model.

Now that's F'ked up.

Nov 14 06 09:10 am Link

Photographer

Miles Chandler

Posts: 647

Victoria, British Columbia, Canada

No more caution tape, no more "chick looking tough with a cigar" and I'd be happy.. but then I've done the nude covered with rose petals, so I really can't point fingers!

Nov 14 06 10:30 am Link

Photographer

Morbid Rockwell

Posts: 593

Fresno, California, US

Miles Chandler wrote:
I save almost striking pic I look at on line (a bad habit, since 90% of the time I barely glance at them again), and see thousands of variations on great concepts.

Same boat, Brother. My reference files are continually growing.

Thanks for the elaborate reply. I do a lot of the same things, but haven't (since deciding to shoot models and upgrading my equipment). Lack of time is rough. Always working for someone else, never myself, ya know?

I also love the ribbons and cloth under water, but way over done at the moment.

Nov 14 06 11:01 am Link