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

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

tog is shorthand for typing on the internet not a  term one uses out loud
lol
like txt for text  - but more worth it

Nov 15 06 02:24 am Link

Photographer

Lotus Photography

Posts: 19253

Berkeley, California, US

.

Nov 15 06 02:45 am Link

Photographer

Thomas Landon

Posts: 516

Aden, Alberta, Canada

Is it "theft"? Are ideas or concepts exclusive?

to put it plain and simple...

yes it is theft and yes ideas or concepts are exclusive!

Nov 15 06 02:47 am Link

Model

Shyly

Posts: 3870

Pasadena, California, US

Lighthouse Studios wrote:
to put it plain and simple...

yes it is theft and yes ideas or concepts are exclusive!

Are you sure?  I was speaking to a lawyer who specializes in this kind of work recently about a project I'm working on, and she said that you can't copyright an idea/concept.  (Though you may be able to copyright one specific manifestation of the idea, once it reaches concrete form.)

Nov 15 06 10:29 am Link

Photographer

CarrJacked Photography

Posts: 51

Asheville, North Carolina, US

I agree with what another photographer said and I believe it applies to models as well.
We need to help each other, we need to stay connected and communicate. We are in competition with each other, but we're also colleagues. A community of hopefuls and wannabes and without each other (photographers and models) we're nothing.

I'll end this rant with a great quote from the good Dr. Thompson

“I feel the same way about disco as I do about herpes.”

Oops! Sorry not that one, this one.

“I have a theory that the truth is never told during the nine-to-five hours.”

Nov 15 06 10:48 am Link

Photographer

UnoMundo

Posts: 47532

Olympia, Washington, US

[b]Go tell  Microsoft not to copy the iPod[/b[

Each Jazz musician tells you he listened to Coltrane. Gillezpie, etc. Each builds on former work.

E G O !

I learned from Ansel Adams book about edges.


We learn everyday from each other.

Until you invent a cure for cancer ; shut up.

Nov 15 06 10:53 am Link

Photographer

Graphic Agitation 34

Posts: 3

Elkins, Arkansas, US

What sort of world would it be if creative people refused to share their ideas?

Nov 15 06 10:54 am Link

Photographer

Graphic Agitation 34

Posts: 3

Elkins, Arkansas, US

Shyly wrote:

Are you sure?  I was speaking to a lawyer who specializes in this kind of work recently about a project I'm working on, and she said that you can't copyright an idea/concept.  (Though you may be able to copyright one specific manifestation of the idea, once it reaches concrete form.)

I work as a creative director for an advertising/marketing firm ... creative property is a tricky subject. Unless the design work is registered it is relatively unprotected. I've been taken to court over some creative property issues in the past when clients demanded all of the work that produced the final outcome of a project and the court ruled that they only owned the final printed/produced product. not the supporting elements and thinking. again ... tricky. Would vary from case to case.

Nov 15 06 10:59 am Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

To copy 1 other photograph/er is plagiarism.  To copy 20 other photograph/ers is inspiration.

Nov 15 06 11:01 am Link

Photographer

Dr Molly Black

Posts: 663

Cleveland, Ohio, US

timothy dolph wrote:
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.

It's so funny, I purchased all my "danger" and "caution" tape at Lowe's because they looked like they would make fun outfits for models showing off their tattoos. I buy a TON of theatrical quality fake blood and have done for eight years (before I started doing photography of models, since I've only done that consistently for eight months).

I just did a video of me playing in our tub with the fake blood and it all washed right out (I had clothes on). Not messy at all! I'm not goth and neither is the woman "cutting" herself in my port. It's no fun to use typical looks for shoots. Go for a normal looking blonde doing what a goth would do and it makes it different (to me at least).

The people I tend to look at shoot very different styles than I do. I'm all over the board. It's more fun that way and the more I play, the more I learn. That's all that's important to me. The fun and the learning.

Nov 15 06 11:01 am Link

Photographer

Its All Good Photo

Posts: 193

San Diego, California, US

I agree with  Mike Walker

Nov 15 06 11:14 am Link

Photographer

Larry Brown Camera

Posts: 1081

Atlantic Beach, Florida, US

Take anything you want from me....... I would be flattered!
Ie: A girl in a bathtub with soapy water - how many have your seen?
     This theme has been beaten to death but it is still popular and probably always
     will be as long as wemen bathe! LOL LOL LOL 
     It ain't theft.... so do your thing!

Nov 15 06 11:18 am Link

Photographer

Michael Kirst

Posts: 3231

Los Angeles, California, US

'Concepts' and 'ideas' are fair game. Especially here in the world of makebelieve.

Now if you are copying something very closely that you saw in some registerd campaign or ad to use in your own registered campaign or ad for some client..... well, I would steer clear of that. Because people get sued for that all the time. I should know, as an attorney, my wife does a lot of the sueing. Most of the time it's trademark infringment and not the actual imagery that is copied.

If you see something you like and want to duplicate it right down to the fingernail color on the model here on your fancy shmansy port, go right ahead as the image will probably only have the photographers "copyright" which means very little and NOT an actual "registration" which means quite a bit more. Now this is going to sound very assholelike but the bottom line is that if you see something here in the wonderful world of MM that is not a registered image and you have a client that wants you to duplicate it in a photoshoot (even with the same model) and use it as a registered image in a campaign, then that photog is just shit outta luck. But don't ever show your face around here afterward or you might be subject to some big nasty words in some forum that will most likely end up in the 'pit'. Heh.

Nov 15 06 11:36 am Link

Photographer

Graphic Agitation 34

Posts: 3

Elkins, Arkansas, US

It's theft when somebody steals YOUR work and uses or publishes it. When you see YOUR work turn up without your knowledge of it's use, credit, or compensation.

If a had a penny every time i saw an ad treat replicated on the national scene! ...
Designers like David Carson ... referenced for over a decade ...
Painting? Photography? how does a genre evolve?

Point blank: without reference we'd have nothing. If you haven't ever tried to use a treatment or concept as a reference than you certainly are beyond human means. Good job!

Otherwise ... i think that's the way art evolves. Be flattered if you are referenced.

Nov 15 06 11:51 am Link

Photographer

Jay Bowman

Posts: 6511

Los Angeles, California, US

A person only calls it stealing when someone else outdid him/her.


Nothing under the sun is new.  Nothing.  Even if you never saw it before as a photo, you read the idea in a book, you heard it sung in a song, you saw it live in a play, you marvelled at it in a painting. 

Not to say that there has never been copying of the underhanded nature to ever happen.  But to draw inspiration from someone else's work and attempt to emulate it is completely normal and natural.  Not something to look upon with contempt.  Oddly, I find that most people who carry such a haughty demeanor over such things to be wildly guilty of copying themselves... if, perhaps, unwittingly.

I've seen blatant photographic copies of Rembrandt that would constitute highway robbery the copying was so close.  It was in no way original considering the painting was a blueprint.  But it was brilliantly done and the resulting photo was gorgeous.  There are so many so-called, self-proclaimed "original thinkers" with cameras around her regurgitating the photos they've seen in Newton's archives it's a shame.  They're not original.  But it doesn't mean that they can't produce magnificent work.



The day someone views my work and is inspired to create... the day that someone says "I want to do a shot like his!" the day that my work moves others to try similar things with their own spin on it...



...is the day I've arrived.

Nov 15 06 12:40 pm Link

Photographer

M Pandolfo Photography

Posts: 12117

Tampa, Florida, 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

No, drawing inspiration is not forbidden, you just happened to correspond with a jackass to put it frankly. I find it interesting that someone would reply in that manner when I'm positive he is not operating in a vacuum without any outside influences. We've all studied other photographers work and wanted to recreate the lighting, the feel, etc.

And isn't funny how the most successful photographers are willing to share their techniques down to the f-stop, aperture and lighting setup. If this person feels his work is somehow minimized by "giving away a secret" that isn't a secret anyway, he must be extremely insecure about his work. And since I'm already rambling I'll share a story.

When I first started shooting I knew nothing about the technical aspects of photography (some would say I still don't). I saw a photographer on "another site" whose work I thought was phenomenal...and wasn't an area (glamour) that I was comfortable with at all at that point. I emailed him, complimented him and asked as many questions as I could. I was probably a little nosy but didn't know any better. The amazing thing is he replied back and was flattered. He replied with a long email down to the exact equipment he used. He's also published many articles on his unique style and we now converse fairly regularly.

That is how I prefer to envision the photographic community. A community. There are really no secrets left, only interpretation and execution. But look at it this way...the photographer was obviously threatened.

Nov 15 06 12:49 pm Link

Photographer

Tom Winstead

Posts: 551

Raleigh, North Carolina, US

All photographers borrow (or steal) from others before them, whether they realize it or not. That being the case, you might as well borrow/steal from the best...

Nov 15 06 12:59 pm Link

Photographer

Thomas Landon

Posts: 516

Aden, Alberta, Canada

Shyly wrote:

Are you sure?  I was speaking to a lawyer who specializes in this kind of work recently about a project I'm working on, and she said that you can't copyright an idea/concept.  (Though you may be able to copyright one specific manifestation of the idea, once it reaches concrete form.)

haha um..yes and i own space monkeys that know how to make spaghetti!
they are for sale too if anyone wants to buy them wink

Nov 15 06 12:59 pm Link

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

I just felt I should add something, to clarify a little on the specifics if the "idea" that I was drawing from...

What I had seen in the photographers port wasn't a setup, put a photoshop technique - layering two photos together, blending opacity to create an effect like this:

https://perfect-nowhere.net/tutorials/blend/sm-step9.jpg

(not my photo, of course)

I have yet to do any experimenting with this technique, but.. I absolutely LOVE the effect. I Have no desire to re-create any of the other guys' work, just apply a technique to my OWN work. smile

Nov 15 06 02:54 pm Link

Photographer

Miles Chandler

Posts: 647

Victoria, British Columbia, Canada

Well, since 400000 other photographers have done that idea, I wouldn't worry about where you happened to see it. Nobody here could show me a photo concept I haven't seen already- and if they managed it, it's merely my ignorance, not their originality. Did Schatz take the first pool nudes? Nope- but he did it really really well. That's what matters.

Nov 15 06 03:09 pm Link

Photographer

M Pandolfo Photography

Posts: 12117

Tampa, Florida, US

photiesto wrote:
I just felt I should add something, to clarify a little on the specifics if the "idea" that I was drawing from...

What I had seen in the photographers port wasn't a setup, put a photoshop technique - layering two photos together, blending opacity to create an effect like this:

https://perfect-nowhere.net/tutorials/blend/sm-step9.jpg

(not my photo, of course)

I have yet to do any experimenting with this technique, but.. I absolutely LOVE the effect. I Have no desire to re-create any of the other guys' work, just apply a technique to my OWN work. smile

Ok I changed my mind. It IS stealing. In fact...nobody is allowed to use the Multiple Blend Mode or Layer Masks ever again because it would be stealing from the originator lol.

Nov 15 06 03:16 pm Link

Photographer

Bay Photo

Posts: 734

Marseille, Provence-Alpes-Côte-d'Azur, France

an Idea can not be copyrighted.

copying someone's work can lead to an infringement on their copyright.

there is no specific line as to what is infringement and what is not.  use your best judgment and do what you can.  there is a difference between being inspired by someone's work and making a derivative work

Jim

Nov 15 06 03:18 pm Link

Photographer

Gems of Nature in N Atl

Posts: 1334

North Atlanta, Georgia, US

Get your inspiration wherever you can.
Water your plant and see what it turns into...

Nov 15 06 03:18 pm Link

Model

mia vaughn

Posts: 854

Chicago, Illinois, US

Taylor Photography wrote:

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!

actually there is a legal way tp patent an idea. i forget the exact name of the attorney.
unless patented,it is fair game.  legally speaking.... i hope we can all be creative and inspired on our own

Nov 15 06 03:26 pm Link

Photographer

far away

Posts: 4326

Jackson, Alabama, US

I do think it's pretty shady when a photographer copies another to a tee.. Like a particular photographer in my area who is well known to copy other photog's photos from the outfit, the setting, pose, etc... Almost identical, just a different model. To learn and be inspired is one thing, but... Come on! Use your own creativity to turn it into something of your own. Ya' know...

Nov 15 06 03:33 pm Link

Photographer

VisionsofZen

Posts: 349

Berkeley, California, US

Simpson's did it!  ;-)

Nov 15 06 03:37 pm Link

Photographer

Junk Fashion

Posts: 364

New York, New York, 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

"Good artists copy. Great artists steal" – Picasso

Simple and direct.

Nov 15 06 04:46 pm Link

Photographer

Mgaphoto

Posts: 4982

San Diego, California, US

Lol that photographer is a tool for saying that to you!

Nov 15 06 04:48 pm Link

Photographer

Moraxian

Posts: 2607

Germantown, Maryland, US

I once saw a photo and tried to recreate it in my style with Chanti (MM 2266 - Great model, book her now!) but only after asking for permission of the orignal photographer.  He said it was ok, provided I shared the results.  smile

Sorry, can't post it here (18+).  There is a shot of it in my portfolio, 4th page, next to a lady dressed up like a certain Sat. morning cartoon character...

Nov 15 06 09:32 pm Link

Photographer

Le Beck Photography

Posts: 4114

Los Angeles, California, US

Pablo Picasso:
" If there is something to steal, I steal it!."
" Success is dangerous. One begins to copy oneself, and to copy oneself is more dangerous than to copy others. It leads to sterility."
"Bad artists copy. Great artists steal."

I think this photog. who objected to your drawing inspiration from his images is no Pablo Picasso.

Nov 15 06 09:40 pm Link

Photographer

Le Beck Photography

Posts: 4114

Los Angeles, California, US

photiesto wrote:
I just felt I should add something, to clarify a little on the specifics if the "idea" that I was drawing from...

What I had seen in the photographers port wasn't a setup, put a photoshop technique - layering two photos together, blending opacity to create an effect like this:

https://perfect-nowhere.net/tutorials/blend/sm-step9.jpg

(not my photo, of course)

I have yet to do any experimenting with this technique, but.. I absolutely LOVE the effect. I Have no desire to re-create any of the other guys' work, just apply a technique to my OWN work. smile

People were using this idea long before the invention of the computer.

Nov 15 06 09:44 pm Link

Photographer

Michael Wise

Posts: 100

Evanston, Illinois, 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

Ask Richard Avedon this question...or Man Ray...or Liebowitz...(but I digress)

Nov 15 06 09:48 pm Link

Photographer

S T A G E 4 D E T

Posts: 265

Detroit, Alabama, US

One of the most interesting points is that,there are NO, and I quote NO secrets
when it comes to photography,,we learn from what we see,I  have been a photographer for well over 30 years and my ego is not so blocked that I cannot admire the works of many good shooters, I,ve learned from the late Helmut Newton, to Guy Bourdin who have since passed on but left fantastic images in the world of advertiseing and fashion I teach photography workshops in my studio and I find it flattering that many of my students try to copy my style but I expect that
for I am the teacher which they learn from but my clients always come back to the master,sure I tell them to try and see from a different point of view sometime they do and sometimes they don,t So I always say check your ego,s at the door
before you come into my studio, learn to practice the art of humility,I have learned that if you are charming,and have great people skills and know how to have passion in this industry you can go very far .

Nov 15 06 10:05 pm Link