3 ms·
The tweets appear to obfuscate the actual issue. From the thread _I guess_ that she took a standard pose of a model, then someone else came along and posed the
by pbhjpbhj 4y ago
The tweets appear to obfuscate the actual issue.
From the thread _I guess_ that she took a standard pose of a model, then someone else came along and posed the same model in the same way?
If that's right, then the Luxembourg courts would be upholding a quite long standing position.
The following is entirely my personal opinion and in no way relates to my employment.
Consider if ordinary poses were considered creative enough to be copyright works: the first person who took a square-on head and shoulders would own the rights to that pose and no domestic-style face-on photos could be taken without a license (or, what are we at now, until 70y after their death).
Consider if you couldn't hire a model someone else had hired [to shoot standard poses], the first shoot they did might have to be their last. You'd have to pay them enough to cover their entire career; if the photographer kept the copyright (outside USA-style Fair Use) that person could never take photos of themselves again.
- rippercushions 4y agoNope. Zhang took a photograph of a model, and the guy in Luxembourg basically copied the photo in a painting, no new model involved. This article has a side by side comparison: https://www.theonlinecitizen.com/2022/12/08/singaporean-photographer-devastated-by-luxembourgs-copyright-ruling/ https://www.theonlinecitizen.com/2022/12/08/singaporean-phot...
- djur 4y agoThe pose is only one of many creative elements in the portrait, and if the painting had simply replicated the same pose nobody would have even noticed, much less cared.
- low_tech_love 4y agoShe didn’t ask for copyright on the pose, she asked for copyright on the entire thing. The robots in Luxembourg were the ones who argued the pose isn’t original. That’s why you need human beings to do such an evaluation, many aspects of the picture need to be taken together at the same time in order to determine the originality. Any minimally reasonable human being can see that the person stole her work and sold it for profit.