D&D General Plagiarised D&D art

[Lanefan]

Copyright doesn't necessarily depend on how distinct two things are. It also depends on the material reality of their creation. In your example, those are both potentially*** copyrightable photos, and that copyright could be enforced, presumably by looking at records to see which one was used in a particular case. It could certainly lead to confusion if you, say, licensed that photo and didn't keep accurate records, and you could wind up getting sued by the owner of the other photo. So the moral of the story is: keep good business records.

Let's say you and I are standing side by side overlooking a particularly nice view. We each take a photo of that view, and by sheer luck our photos turn out to be pretty much exactly the same.

You then go on to claim copyright over your photo, and make some money off the image. Good for you.

IMO your copyright should not stop me from making money off the indistinguishable-from-yours version of that same image that I took and that I own. Further, as anyone could in theory go to that same viewpoint and take the same picture for themselves, I'm not sure non-posed photography should be copyright-able at all.

 

[Clint_L]

Let's say you and I are standing side by side overlooking a particularly nice view. We each take a photo of that view, and by sheer luck our photos turn out to be pretty much exactly the same.

You then go on to claim copyright over your photo, and make some money off the image. Good for you.

IMO your copyright should not stop me from making money off the indistinguishable-from-yours version of that same image that I took and that I own. Further, as anyone could in theory go to that same viewpoint and take the same picture for themselves, I'm not sure non-posed photography should be copyright-able at all.

I don't think it would. Need a lawyer to weigh in, but I think in that situation we could both copyright our photos.

 

[gban007]

Let's say you and I are standing side by side overlooking a particularly nice view. We each take a photo of that view, and by sheer luck our photos turn out to be pretty much exactly the same.

You then go on to claim copyright over your photo, and make some money off the image. Good for you.

IMO your copyright should not stop me from making money off the indistinguishable-from-yours version of that same image that I took and that I own. Further, as anyone could in theory go to that same viewpoint and take the same picture for themselves, I'm not sure non-posed photography should be copyright-able at all.

Talking about copyrights for photos puts me in mind of below case around a red bus on Westminster bridge, noting that it is more than just photography in play as some further adjustments needed to make end result, but interesting case nonetheless.

A red bus on Westminster Bridge - copyright in photos

Temple Island Collection, a UK souvenir company, recently successfully sued tea company New English Teas (NET) in the case of Temple Island Collections Ltd v New English Teas Ltd & Anor [2012] EWPCC 1 for copyright infringement after NET used a photo of a red London bus crossing Westminster...

www.lexology.com

 

[General_Tangent]

Talking about copyrights for photos puts me in mind of below case around a red bus on Westminster bridge, noting that it is more than just photography in play as some further adjustments needed to make end result, but interesting case nonetheless.

A red bus on Westminster Bridge - copyright in photos

Temple Island Collection, a UK souvenir company, recently successfully sued tea company New English Teas (NET) in the case of Temple Island Collections Ltd v New English Teas Ltd & Anor [2012] EWPCC 1 for copyright infringement after NET used a photo of a red London bus crossing Westminster...

www.lexology.com

You can read the full judgement here :

Temple Island Collections Ltd v New English Teas Ltd & Anor [2012] EWPCC 1 (12 January 2012)

 

[Hriston]

If major media outlets are worthless at reporting news, then who in your view is worthwhile at it?

Democracy Now!

A daily TV/radio news program, hosted by Amy Goodman and Juan Gonzalez, pioneering the largest community media collaboration in the U.S.

www.democracynow.org

 

[Older Beholder]

The image in the original post doesn't seem like plagiarism to me.
The Traced dragon outline is used to draw something completely new in a different style, in this case a more naive style based on 1st edition art, seems OK to me.

 

[pogre]

I don't think it would. Need a lawyer to weigh in, but I think in that situation we could both copyright our photos.

Correct.