Copyright

http://www.amateurphotographer.co.uk/news/Photographers_face_copyright_threat_af...

what an ass, this will/should get overturned on appeal. Too restrictive.

I do think colour popping should be a crime though, not a civil matter.

I have seen red objects (phone boxes, post boxes) colour popped many times before. If this judgement stands then the photographer may well find he is sued in turn.

As for who first came up with this concept, who knows?

Does this mean that street photographers are now going to be pursued through the courts by Google Street View

I can see the reasoning behind this decision as those pictures were used to represent a company image, despite the fact they were taken from different angles, but what's going to happen if some photographer now reveals he has produced a similar image long before the two in this case, will both companies be prevented from using theirs?

hmm thats a brave argument... i can now see the original artist getting sued by london transport now and losing all that money they just won...

that is one dangerous can of worms opened up right therr...

I read about this before seeing the pictures. I was expecting them to be much more similar than they are

This is nonsense... the two photos are nothing like
each other and colouring a bus red is hardly original.
I'm sure that a childs colouring book will have been
released in the past with a bus crossing this bridge

However looking on the bright side they always claim that
copyright infringement cases save jobs! ???

This is worth a look-

https://contribute.gettyimages.com/producer/documents/Similars_Guide_Dec_08.pdf

My guess is that the judge is a duffer at "spot the difference" competitions! Straight away (apart from the different angles of the compositions), I spotted that in one of the images the bus has a red radiator grille, and in the other image it's black.

If I decided to market a product called KOKA KOLA, and used a logo with this name on a GREEN background, would I be infringing COCA COLA's copyright, considering their background colour is RED?..

I blame the American attitude of "if it moves, sue it, and if it doesn't move then sue it until it does" for this ridiculous nonsense!

I think you should try it! I give it five minutes before you are bankrupt!

I already am!!.. I'm married to a shopaholic!!

Anyway - last time an American company tried to sue a Scot for breach of copyright, the Clan Chief MACDONALD won his case!!

I think the point is that this involves commercial companies, and the photo in question is synonymous with the first company. Their argument that the second one, using a popped double decker with Big Ben in the back ground is too similar to theirs. Whilst they are clearly taken from a different place there is a similarity in the treatment of the photo - which is what the argument is about.
If the second company had left theirs in colour, or gone completely b/w there would have been no problem.

the koka kola issue is a trademark issue which is slightly different to copyright breach.

getty has recently been sued succesfully by a french furniture manufacture. the image was a picture of a room with furniture i. no logos no trademarks where on show....

Arrogant "DICK HEAD" and "DONKEY'S BACKSIDE" come to mind.
Regards
Dave

Exactly, although the wording of some of the Judge's is a little bit worrying, as he tries to define whether a photograph breaches the copyright of another photograph if it is taken from the same point of view, processed similarly etc. To be honest, I don't think there should be an issue with a photo breaching the copyright of another providing

a) it is not simply an electronic copy used without permission of the copyright holder

b) it is not attributed in such a way that it is confused with the original (i.e. I cannot say that my picture of a Toys 'r' Us supermarket on a dreary day is a real Andreas Gursky, but I can say it is an homage) or

c) that it is not being used for marketing purposes and is not designed to emulate the marketing material of another company....