tag:blogger.com,1999:blog-4513524515428334509.post6725628049978387624..comments2024-03-10T10:55:11.119+00:00Comments on The 1709 Blog: When noodles bake and cookies crumble: copying and coincidence Down UnderMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-4513524515428334509.post-74533213148717614042013-04-03T08:55:38.824+01:002013-04-03T08:55:38.824+01:00This scenario, of course, is only a specific examp...This scenario, of course, is only a specific example of the truism applicable to all matters litigious of having an end-to-end story, not a mere denial, that must sound logical. It must start “in the beginning” and the actors must all live “happily ever after”.<br /><br /><a href="http://presswire.com/monitoring.php" rel="nofollow"> Media Monitoring</a>Anonymoushttps://www.blogger.com/profile/14055400903924385698noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-81571653938807179602012-11-25T02:49:44.026+00:002012-11-25T02:49:44.026+00:00Wouldn't DH have to first establish that her ...Wouldn't DH have to first establish that her cover photo of decorative biscuits nonchalantly arranged in a box was the first/only time such a photo had been used on a magazine cover? <br /><br />I have over the decades seen plenty of cake shop windows with similar displays and find it hard to believe that the DH image (or the specific use made of the image) is all that original in the first place.john walkerhttps://www.blogger.com/profile/09294818072841970915noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-79219595711340231352012-11-23T22:52:43.715+00:002012-11-23T22:52:43.715+00:00There is some force in the "there's only ...There is some force in the "there's only so many ways" defence. We know from _Painer_ that, at least in respect of EU copyright, that which is protected is the author's "own intellectual creation" which reflects the author's "formative freedom".<br /><br />If there was no formative freedom to take, then copying is - it would seem - not an infringement.<br /><br />I realise its a fine line, but I'm not sure I would go so far as to say that a defence along those lines was always "misconceived".Francis Daveyhttps://www.blogger.com/profile/10228026893626221724noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-37471135524050239172012-11-23T13:41:13.537+00:002012-11-23T13:41:13.537+00:00@Tom,
I entirely agree with you and that's why...@Tom,<br />I entirely agree with you and that's why I had (and continue to have) a problem with the decision in the <a href="http://the1709blog.blogspot.co.uk/2012/01/when-birss-meets-bus-study-in-red-and.html" rel="nofollow">Red bus case</a>. Once the line between te idea and the expression becomes blurred, creativity - which is almost inevitably inspired by something - will be the poorer. There is a reason why the word 'art' appears in the phrase prior art; that's how art works.Andy Jnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-57964613190279050042012-11-23T08:37:07.232+00:002012-11-23T08:37:07.232+00:00Am I missing something here? It seems to me obviou...Am I missing something here? It seems to me obvious that the Woman's Weekly cover has not copied the Donna Hay cover image, but equally clear that it has copied the general idea of the Hay cover. Indeed, DH's editor refers to the her team's "ideas" being "ripped off". I'm sorry, darling, there's no protection in ideas. (You should know that.) I've art directed myself, and I happy to admit to being influenced and inspired by looking at the work of my competitors and betters. There's no need to deny that copying has taken place, it's obvious there's no copyring. (I'd also take issue with an overhead shot of a biscuit box with a ribbon or two being 'new inspired', but that's not the point here.)<br /><br />It's not scientific, but instructive that, when I conducted a Google Search by Image using soley the biscuit box part of the DH cover, Google found the WW cover only where it was featured in a discussion of the copying dispute. All other instances returned were of the DH cover.Tom Angnoreply@blogger.com