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<blockquote data-quote="Clint_L" data-source="post: 9235538" data-attributes="member: 7035894"><p>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.</p><p></p><p>It's not actually that distinct from the Taylor Swift example from earlier. "Taylor's Versions" are often (not always) very, very similar to the original masters. Intentionally so. But they are still separately copyrighted. She can freely use them, unlike her original recordings.</p><p></p><p>***I write "potentially" because intent might matter here, so it would be cool if an actual lawyer weighed in. I assume that if the second photo was done with the intention of copying the first and then profiting off the confusion, there would be legal issues.</p><p></p><p>Going back to the OP, that just seems like a straight up case of copyright infringement. Those images are way too close to be accidental, given that it's a drawing, not a photo. Unless the second use was licensed - do we know that it wasn't? I presume that WotC licenses a lot of art.</p></blockquote><p></p>
[QUOTE="Clint_L, post: 9235538, member: 7035894"] 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. It's not actually that distinct from the Taylor Swift example from earlier. "Taylor's Versions" are often (not always) very, very similar to the original masters. Intentionally so. But they are still separately copyrighted. She can freely use them, unlike her original recordings. ***I write "potentially" because intent might matter here, so it would be cool if an actual lawyer weighed in. I assume that if the second photo was done with the intention of copying the first and then profiting off the confusion, there would be legal issues. Going back to the OP, that just seems like a straight up case of copyright infringement. Those images are way too close to be accidental, given that it's a drawing, not a photo. Unless the second use was licensed - do we know that it wasn't? I presume that WotC licenses a lot of art. [/QUOTE]
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