tag:blogger.com,1999:blog-4513524515428334509.post7125288333000575413..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: Paris Court Denies Copyright Protection to Jimi Hendrix PhotographMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-4513524515428334509.post-67930591765805315942016-09-16T07:17:31.152+01:002016-09-16T07:17:31.152+01:00What is the status of this case after a year?
I j...What is the status of this case after a year?<br /><br />I just used this photo (heavily modified) in a collage with one of my original photograph.<br />I credited Mankowitz, as the photographer of the B&W original in my description.<br />My photograph is not for sale, nor will be used in advertising. It is used to commemorate Hendrix death on 18. September, 1970. It will be soon uploaded on the world wide web.TomRoshttps://www.blogger.com/profile/01503420392280343721noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-61091646730931407432015-09-03T09:51:31.157+01:002015-09-03T09:51:31.157+01:00This is a bolt from the blue and utterly perverse....This is a bolt from the blue and utterly perverse. The photographer now has to argue his case for his own property. I wonder how it can even be compatible with Berne.<br />This one will go all the way.spacecadethttps://www.blogger.com/profile/01350548456420149358noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-19081158519089689032015-06-22T10:32:38.281+01:002015-06-22T10:32:38.281+01:00To add to the question asked regarding the work of...To add to the question asked regarding the work of Don McCullin, surely by the definition they have interpreted the entire catalogue of pictures by Henri Cartier-Bresson, his contemporaries, and followers, will now be free for anyone to use as they see fit?<br /><br />It has long been accepted that the skill of the photographer in choosing the right camera settings, framing a shot 'just so', and choosing the moment to press the shutter, has amounted to a unique creative process granting the photographer the right to copyright protection of any work produced.<br /><br />This ruling would drive a coach and horses through this system and mean that every single instance would have to be examined minutely, deciding who put in the greatest degree of artistic originality i.e. did the subject do EXACTLY what was asked of them, did the lighting rigger do EXACTLY what was asked of them, did the makeup artist do EXACTLY what was asked of them, etc.?<br /><br />This is a total nonsense one hopes will be overturned in due course.Unknownhttps://www.blogger.com/profile/06747207847776178923noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-10102983874323806042015-06-17T21:03:10.252+01:002015-06-17T21:03:10.252+01:00If not for the interaction between Mankovitz &...If not for the interaction between Mankovitz & his subject, this image would not exist. It is not a recordation of a subject like a traffic camera, it is the influence of the artist on the subject that created this unique image. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-54219492134293546552015-06-04T14:56:18.098+01:002015-06-04T14:56:18.098+01:00Thank you both for your comments.
Maybe this ca...Thank you both for your comments. <br /><br />Maybe this case has somehow been chosen as a test case to stem a copyright reform in France. <br /><br />French IP law attaches great importance to the relationship between the author and its work, which must be a work of the mind, a oeuvre de l'esprit. <br /><br />While it was obvious that this photograph is very original, and should be protected by French IP law, it was less obvious that the work stemmed from Mr. Mankovitz's "esprit." I am sure it did, but it seems that the court wanted to have a clear outline of the creative process, which is a new requirement. <br /><br />Anonymous asked about camera ownership as proof, and that would not have helped Mr. Mankovitz, quite the contrary probably. What counts is : is he really an "artiste"? <br /><br />Marie-Andree Weisshttps://www.blogger.com/profile/17125973798789498436noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-13920453912486992012015-06-01T08:33:49.563+01:002015-06-01T08:33:49.563+01:00A surprising outcome, especially if considered alo...A surprising outcome, especially if considered alongside the Red Bus case. To my eye, the image is so striking that its originality is plain to see, so I must think again. I read the TGI's comments as saying that there was insufficient evidence of originality, not that the work was inherently lacking in originality (as I think Marie-Andrée says in the penultimate paragraph). The quoted words of Mr Mankovitz, although they read a little like advertising blurb, were probably thought by his lawyer to be sufficient: the case tells us not that photographs (especially, I suppose, reportage) will rarely be considered original but that it is necessary to go further in deconstructing and analysing the photograph, to show where the originality lies. My initial thought was to assume originality: the burden of proof is the other way round. Perhaps, as the standard of originality becomes more rigorous as I hope it will, copyright owners will have to do more to satisfy the courts that their work satisfies the requirement.Peter Groveshttps://www.blogger.com/profile/05020506617934637856noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-13801408420942227612015-05-31T12:57:01.767+01:002015-05-31T12:57:01.767+01:00This is very interesting indeed.......and blurres ...This is very interesting indeed.......and blurres the lines between what is deemed 'original'. So.....the photographer catches 'a moment in time' of a given subject......but because he has not manipulated the surrounding ambience and lighting of the image/subject......it is not deemed as original? Is not the fact that the piece of equipment (camera) was owned and used by Mr Mankowicz count for anything in capturing the image?<br />In that case....how is one to measure the deemed 'originality' of the work of the likes of Don McCullin?<br /><br />..........discuss. <br />Anonymousnoreply@blogger.com