"Copyright law is in place to protect artistic expression, not individual ideas"

[SoylentGreen]

"Copyright law is in place to protect artistic expression, not individual ideas"

"Harney’s creation consists primarily of subject matter — ‘facts’ — that he had no role in creating, including the central element of the photo: the daughter riding piggyback on her father’s shoulders… Harney’s difficulty in alleging infringement is that almost none of the protectable aspects of [his photo] are replicated in the [Sony image]."



http://www.petapixel.com/2013/01/25/boston-court-rules-no-infringement-in-the-case-of-two-very-similar-photographs/

S.G.

[Greg Troy (KeepFighting)]

Good find SG, there have been a few cases like this over the years, I believe it even states in the copyright law that you cannot copyright an idea.

This reminds me of another case from quite a while back where a photographer named Penny Gentieu who specialized in baby pictures signed an exclusive contract with Tony Stone who was bought out by Getty images. Gentieu did very we could find SG could find SG ll with Getty images bringing in over $850,000 over the years which was split 50-50 with Getty by the terms of her 1993 contract. As usual Getty change the terms of the contract saying it was now going to take 60% that Gentieu's art director at Getty was also asking six other photographers in London for the same style pictures that Gentieu was known for (babies apparently floating in a white background).

When she could not reach agreement with Getty she withdrew her images and ended up suing Getty for breach of contract and copyright infringement and in the conclusion by the court it sounds as if she actually could have won the case if she had not ruined it herself.

Conclusion

 What this opinion voiced by way of criticism below the * * * divider in its subsection on Digital Compilations could have been repeated at numerous other stages of the discussion—and it certainly merits recall here. Although Gentieu had a legitimate claim for unpaid royalties under the 1993 Contract when this lawsuit was instituted, it is one that could have been resolved long since—and without the enormous expenditure (really a waste) of resources that has ensued

*fn37—if she had not coupled that claim with contentions obviously ascribable to an overexaggerated sense of self-importance.

 At the end of the day, however, that attempt at self-aggrandizement has failed entirely. No genuine issue of material fact preserves any of Gentieu's myriad claims against an adverse judgment as a matter of law. Getty's Rule 56 motion is granted in its entirety, and this action is dismissed.*fn38

The full case review may be found here:

http://il.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20030326_0001116.NIL.htm/qx

[SoylentGreen]

Thanks for the response, Greg, and also for referring to the very relevant Gentieu case.
Yeah, I'm familiar with that one.  Brutal.  It really shows the risks that go with litigation.
Sometimes, the decisions and concepts seem counter-intuitive.  But they protect freedom of expression.
But, what a balancing act.

S.G.