Learning what it takes to make high quality films with a Canon DSLR
There was a copyright vase here inTexas several years ago between two restaurant chains. One sued the other for stealing building design elements, color schemes, etc. The term used was trade dress. The idea stealing company had to change several elements of their design, and eventually went out of business.
Someone here mentioned the iconic Obama poster. While Obama is a public figure and his image is subject to Fair Use, the copyrighted AP photograph the artist used was not. I believe he lost his case.
What's shocking to me are the number of photographers who have no comprehension of copyright law, and worse, don't seem to recognize the elements of their own work that are original and protected. While anyone can copy Ansel Adams style, he didn't create the scenes he photographs, they exist on their own while we as photographers interpret them. In this case, LaChapelle had an idea and selected every element of his staged photograph to convey that idea. Fair use doesn't protect Rihanna because her video is a commercial piece of art. You can't steal someone else's idea to make money, you have to pay the creator in order to use their property, including intellectual property. Yes, everything in the room was created by someone else, however LaChapelle used those things in a new and different way in creating his art. If Elle magazine lifted an entire set design from a Vogue fashion shoot for their magazine, it would cost them millions. The elements YOU bring to a work can be protected.