A few years ago I had what I thought was a brilliant idea for a name for an internet forum site. I googled it and found no results so I thought “yay, I just found one hell of an original name for my project”. I already had the website registered when only three weeks later the name was used in a new TV episode of The Simpsons. I really don’t think that they somehow managed to steal that idea from me, I just think that sometimes even the most original idea can be had by two different people from totally different places in the world.

Now for the actualy rip-off question:
I would never intentionally steal another photographers idea if it is something that looks even remotely unique. If I like an idea sooo much that I really really want to do something similar myself, I simply contact the guy or gal that I was inspired by, and ask them if they are OK with me reproducing their idea, and if they are and I do, I also give them credit for it. This happens about once every five years or so. I can only remember two times – one of which was a painting that I redid as a photograph. Though even sometimes – seldom, but sometimes – I let myself be inspired by others, I NEVER simply copy a motif 1:1. On the other hand, I have seen some of my work replicated many times, sometimes with manic gusto. But honestly: I really don’t mind. I just take it as a compliment. What really pisses me off though, is people actually stealing my images and using them commercially without authorization or claiming them as their own work. That is usually a lawyer call for me.

I don’t think “stealing” ideas is a crime though, especially when you talk to the people that inspire you and give them credit in your work. But not having ANY own original ideas, THAT is a crime.

I think photography as a medium is a very special grey area when it comes to intellectual property rights, because a photograph can be original in so many ways… by its motif, the story it tells, by its color scheme and even by the emotions that it carries. If you image-google the Brooklyn Bridge, you will find hundreds of photographs that look almost identical, but nobody would complain about that. It’s the best shot at the best angle that people will open, which is not necessarily the first one that was taken…

A few years ago a Brazillian photo-designers group “Platinum FMD” did a series of shots where they replaced flames with liquid (e.g. a Zippo lighter with a flame made of water) which was so fantastic, that every photographer that knew his way around Photoshop had to try this out themselves. So their very unique and creative idea got ripped off thousands of times. But nobody complained. And why? Because this campaign was so popular, that everybody knew who originally came up with it, and considered those experiments by amateurs an hommage to Platinum FMD.

So if amateurs “steal” ideas from professionals, (almost) nobody complains. But if a professional photographer steals ideas from (Flickr) amateurs, people make a fuss about it. Why? Becaus of the “professional”. If you call yourself a professional photographer, and make a living out of it, you SHOULD be able to come up with creative unique ideas on your own. Though being a “professional” these days only means that you make money with it, and if you only want to make money, why not steal? Because you WILL make money from ripping off good ideas – professionally. You might even make a fortune. And so far there is no legal consequence for ripping off motif ideas. Really, there isn’t. The one consequence you are facing is that people WILL find out, call you an asshole and hate you for it.

Me, I just prefer not to be an asshole, even if it means that I can’t take photos of a skateboard on burgers.

That said, I will always try to give credit to the creator of the original piece, which must be key.

Would 99 of them be copies and only the first be a valid original? Would the other 99 be infringing on the rights of the first that photographed it?

If I had the idea to photograph my dinner it doesn’t mean other people can’t photograph their dinner, even if they are eating the same food and happen to have the same dinnerware as I own.

They can’t use my photo of my dinner without my permission, nor can they claim their photo of their dinner is the original I took.

You can not copyright an idea. You can only copyright the actual works that are a result of that idea.

Unless either of the following was done, then there is no violation:

* The original image was used in the video, without permission.
* The image used was not the original, but is being intentionally and falsely claimed to be the original.

Here’s another ripoff from the video.

At the 1:43 mark, there’s an astronaut with pancakes for a head.

So I went to google images, and typed in: pancakes for a head
and after about 3 pages, I found this image:
http://www.disqueprimeur.com/wp-content/uploads/2009/06/cosmo_pancakes1.jpg

from this page:
http://www.disqueprimeur.com/tag/nerd/

This photo was uploaded June 15th 2009, and according to wikipedia, the video for ‘Heaven Can Wait;’ was released Nov 19th 2009, plenty of time to rip off this photo too!
http://en.wikipedia.org/wiki/IRM_%28album%29

Who is this director Keith Schofield ripping off ideas and passing them off like it’s his own.