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There is probably at least one person in the world that not only looks like Miles Davis, but wears the same type of clothes, plays the same kind of instrument a
by Confusion 15y ago
There is probably at least one person in the world that not only looks like Miles Davis, but wears the same type of clothes, plays the same kind of instrument and can be photographed in the same posture. People in real life tend to duplicate each other: you don't even need to try to recreate the situation: it already exists multiple times.
- esrauch 15y agoI don't doubt that, and photographs of that person aren't infringing unless you are deliberately reproducing the original work. I think the burden would fall onto the copyright holder to prove that the elements of the new work are lifted from the original work beyond reasonable doubt that it was just a coincidence.