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  1. #11
    dylder's Avatar
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    If it upsets you, let him know.

    I'm not trying to start a flame war here. In your example, I see you posting (digital) work that is not your own. I'm not a lawer, but I suspect you've crossed more of a legal line that he has.

    dw

  2. #12

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    We've got an advertisement in the Kyiv metro of a woman coming out of a bubblebath with a teacup. What she's doing in the bath with full makeup and a three-strand pearl choker on, I don't know. (I haven't tried the tea, either - its bagged in Moscow, not Sri Lanka, so who needs it?) And there are whole calendars full of women with guns. Even if he ripped the idea from you, he might well be immersed in the genre enough to point to half a dozen other examples.

    When it comes to shooting people and firearms, it seems to be a matter of execution.
    The Kiev 88: Mamiya's key to success in Ukraine.

    Photography without film is like Macroeconomics without reading goat entrails, and look at the mess that got us into.

  3. #13
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    Ara,
    I like yours much better! You caught the meanness in the model's eyes, his just looks like comic book...
    Take it as flattery, and move on with "your concept."
    Oh, but make damn sure to tell him to kiss your ass!!!

  4. #14
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    Quote Originally Posted by jovo
    Simple....tell the "other" girl to pull the trigger next time!
    He probably covered that - the model in the second shot doesn't appear to have a real gun. It's a humdrum shot anyway. Don't sweat it, Ara.

  5. #15

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    what would (can) you do about it? Nothing.

    It's not an original idea (seen it many times before - and it's not even a good idea at that) and you can't copyright an idea or concept, only it's physical manifestation - i.e. a photograph in this case - and the two are different (and generic) enough that you would be unlikely to win such a case. Indeed, it would probably be easy to find examples which show your work was copied from something else.

    Now, do you have permission to copy and publish the other photographers image? That could possibly be copyright violation.

  6. #16
    Ara Ghajanian's Avatar
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    Quote Originally Posted by Bill Mitchell
    Two photographs in equally poor taste. If I were you, I'd try not to let anyone know that you'd made one of them. Blame them both on the other guy, if you can.
    Bill,
    Thank you for the "kind" words. Funny thing, people used to consider Helmut Newton's work (see avatar at left) to be tasteless, now he is considered by many to be one of the greatest fashion photographers in history. I'm sure you were just trying to be funny, but one major reason I come to this forum is the comraderie and the mutual respect we have for each other's work. Someone once told me that simply making a negative comment about one's work without backing it up with a constructive reason is not criticism, but just plain insult.

    Everyone else,
    Thanks to all the responses so far, especially the one's who can sympathize with my feelings on this. First of all, I wasn't expecting to get any legal retribution on this one, I just wanted to open up this discussion for future reference. Second, I'm sure my idea was not an original idea, but I honestly can't remember where I saw it first (I have a bad memory). If I had been inspired by anyone's work, personally, I would have given them credit (e.g. "inspired by a photo by...").

    What is really troubling to me is that someone who my model and I know personally took an idea from me and used it for his own benefit. In my opinion, this is unethical and he should have at least alerted me or given me credit for doing this. Yes, I can take it as flattery, but I think it goes deeper than that because I know the person's general background and I feel he is basically a dishonest and manipulative person. Obviously, I'm taking this personally. If he were a nice guy and did the same exact photo I would not feel this way. Call it paranoia, call me sensitive, but things like this have happened to me before and I want to prevent or be prepared for this in the future.
    Sincerely,
    Ara
    Just because you're not paranoid doesn't mean they're not out to get you.

  7. #17
    cdholden's Avatar
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    Quote Originally Posted by Ara Ghajanian
    I am not naive, I know this happens often. What bothers me is that he knows me and the model in the photo and it was an obvious plagiarism. I want to at least make him aware of my outrage and inform him that he has betrayed my trust. What would you do?
    Ara
    Ara,
    I agree with the others. It's too different to claim plagiarism. I would recommend the next time you see him at a social function, give a nonchalant laugh and ask him where he buys his toy guns. What caliber is that? BB? At least you used something that appears to be a genuine handgun. The caliber of your weapon seems to instill more "business sense" for those on the business end of the barrel... and you've chosen a better model and more natural pose. Nice work.
    Chris

  8. #18
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    I've met more than a few photographers who aren't capable of an original thought. Many will reproduce or copy others work or simply produce bland images. I know of one guy who kept trying to get this one talented woman to shoot him. He wanted to rip-off her lighting techniques.

    I wouldn't worry about it. Tomorrow you'll have a fresh idea or two and this other guy will still be hunting for his first. I was reading some WC Fields quotes the other day and one that stuck in my mind went some thing like this:

    Person One: You're Drunk!
    WC Fields: Yeah and tomorrow I'll be sober, but you'll still be an a$$hole.

    *

  9. #19
    wfe
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    Truly a compliment and the original is always better.
    ~Bill
    "Real Art is a Thin Breath Exhaled Amidst a Struggle in the Mind"
    Fine Art and Portraits

  10. #20
    Ara Ghajanian's Avatar
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    Quote Originally Posted by cdholden
    Ara,
    I agree with the others. It's too different to claim plagiarism. I would recommend the next time you see him at a social function, give a nonchalant laugh and ask him where he buys his toy guns. What caliber is that? BB? At least you used something that appears to be a genuine handgun. The caliber of your weapon seems to instill more "business sense" for those on the business end of the barrel... and you've chosen a better model and more natural pose. Nice work.
    Chris
    Mine is a S&W Model 66 .357 Magnum. It took 2 years to find a model brave enough to hold it.

    I decided on his Model Mayhem page I'm going to post a comment below his photo stating quite simply "Imitation is the sincerest form of flattery." I'll change my avatar to show my original photo next to my comment. I'll leave it as that and see what he says.
    Thanks to everyone for their support, it's good to know there are photographers out there who are interested in innovation of thought. Irony of it is that the tools we use aren't considered innovative anymore.
    Ara
    Just because you're not paranoid doesn't mean they're not out to get you.

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