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October 12, 2012

Seriously, I hate it when I see this

Screen Shot 2012-10-12 at 8.48.12 AMA friend of mine just sent me this link from Club Monaco, a fasion retail company based in New York and subsidiary from Ralph Lauren, interesting shot they are using, hmmm, does it not remind of ....

the shot below

 

OstwaldThe cover of German Glamour of a shot I did for Fashion Brand Ostwald Helgason

now, why could they just not book me to shoot this for them, or at least contact me

so anyone out there, legally, where do I stand on this

or should I just go with Charles Caleb Colton quote " Imitation is the highest form of flattery "

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You probably also know about this place, but but just in case you don't, here you go. The first link is particularly relevant to your situation and is interesting to read.

Moral rights, (as well as copyright issues) are worth reading about.

http://www.artslaw.com.au/articles/entry/appropriation-art-an-overview-of-copyright-and-consumer-protection-for-arti/
http://www.artslaw.com.au/services/
http://www.artslaw.com.au/info-sheets/info-sheet/copyright/

I know you aren't going to pursue it, but this might be useful for future reference. You probably already know about this service Sonny, but just in case you don't, here are the details. My partner has needed to refer to this website before. Someone created a painting directly from one of his photographs and placed it in a highly regarded art show. It was blatantly obvious what they had done. Others used one of his photos, made it look 'arty' using photoshop and then placed it on a widely accessed website. The painting was removed from the show and he sent them an invoice for single use of the image. They paid. In the second case, the website operators couldn't get the image down quickly enough as they realised they had violated copyright laws. The funny thing was that I used to work for them and had just attended a training session with their marketing section about - you guessed it - copyright laws! The group that provided the training had uploaded the altered photograph on the website!

http://www.copyright.org.au/legal-advice/

http://www.copyright.org.au/

yes, going with the flattery thing and it being inferior :-)

I found this today. Thought it might be helpful.......

I am reading David Ogilvy's book ' Confessions of an Advertising Man.' Ogilvy coined the term 'Schweppervesence' and is responsible for the successful Dove campaign. In his book he states, "imitation may be the 'sincerest form of plagiarism,' but it is also the mark of an inferior person." He then refers to a poem by Rudyard Kipling.....

They copied all they could follow, but they
could not copy my mind,
And I left 'em sweating and stealing, a year
and a half behind.

All seems very fitting, given your situation Sonny.

well at least you have the satisfaction of knowing that yours is better. WAY better

Not sure if we are that organized in Australia

It's a lame copy, but I'm afraid there's not much you can do. Now, you should affiliate yourself with one of your national author associations. I've been a member of Sofam here in Belgium for years. They advice you and eventually take your case to a court of law in cases of copyright infringment. Really worth checking out.

Bummer. I wonder how they would react if you contacted them?

Meanwhile go with the flattery thing.

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