Imitation, Plagiarism or Flattery?

[RobbieKB]

So this morning I received quite a few messages about a photo that is top of 500px, one from a PHer (So thanks Martin!).

I just don't know how I feel about this. A chap has a picture #1 on 500px at the moment which he has a whole story about how he thought of the idea and what it represents. This shot can be seen here:

http://500px.com/photo/52605304?from=popular

This is my shot, from over a year ago which is in the top 50 most viewed photos on 500px and editor's choice.

http://500px.com/photo/10234497

I should just laugh it off, but I'm irritated. If he'd have said my shot inspired it, I couldn't care less, but claiming the concept as his own feels...wrong.

Thoughts? Am I being petty?

(ETA: Both shots next to each other plus proof that he 'favourited' my original shot: http://acufocal.com/2013/11/can-there-be-plagiaris...)

Edited by RobbieKB on Wednesday 20th November 11:28

[Simpo Two]

I'd be a bit miffed.

I'd send in (if possible) a more accurate story for him. Such as 'Well my inspiration was this photo - I just copied it and hoped no-one would notice.'

[2slo]

If the copier had given you credit for the idea and inspiration behind the shot, that (to me) would be okay. To claim that he thought up the idea and pass it off as his own, he's taking the piss. I wouldn't be happy. Perhaps you might choose to comment on his photo with a reference and date to your pic, to show he's a fraud?

[RobbieKB]

^ Claiming the idea as his own is what has irritated me.

The thing is, I'm not sure there can even be plagiarism in photography outside of passing off someone else's image as your own. I ended up writing a short article on it:

http://acufocal.com/2013/11/can-there-be-plagiaris...

I'm irritated but I'm just not sure I have a right to be.

[MysteryLemon]

It's a blatant copy though.

Sure, anyone could take a picture of some sparks flying but to also sit a bloke at a table whilst wearing a gas mask and holding an umbrella is a little too much of a coincidence.

Can you not contact him directly?

[RobbieKB]

MysteryLemon said:

It's a blatant copy though.

Sure, anyone could take a picture of some sparks flying but to also sit a bloke at a table whilst wearing a gas mask and holding an umbrella is a little too much of a coincidence.

Can you not contact him directly?

As I wrote in the article (and linked a picture) he even favourited my shot in question!

I can contact him, but to say what? I could demand credit but it's difficult to prove and it's a bit of an odd thing to do. I could demand he takes it down but I have absolutely no right to do that - he still went to the effort of creating this image. I'm really quite torn.

Edited by RobbieKB on Wednesday 20th November 11:13

[londonagent]

There seems to be a bit of a backlash in the comment section of the photgraph now, hopefully the powers that be at 500px will take some notice.
ETA - I've added my voice of dissent to the feedback on the picture in question and urge you all to do the same.

Edited by londonagent on Wednesday 20th November 11:28

[vescaegg]

Takes the piss in my opinion.

Yes there are thousands of identical photos of natural things about - landscapes, cities etc. But setting up a particular photo in the exact same way would not have been thought of seperately - no chance.

He has just stolen your pic. Is there any gain from being number one on the site or is it merely a 'I like this photo' sort of thing?

[droopsnoot]

[devils advocate] I guess you could assume that he might have an idea of the image floating around in his head without any conscious idea of where it came from, fleshed it out, set it up and took the shot, and if you're looking at a lot of creative images (as opposed to landscapes etc.) that could happen. [/devils advocate]

But once several people have pointed out that it's almost identical to another shot that was heavily featured on the same site you posted on, the complete silence tends to indicate that it was not unintentional. Some kind of explanation is to be expected, surely.

[RobbieKB]

droopsnoot][devils advocate said:

I guess you could assume that he might have an idea of the image floating around in his head without any conscious idea of where it came from, fleshed it out, set it up and took the shot, and if you're looking at a lot of creative images (as opposed to landscapes etc.) that could happen. [/devils advocate]

But once several people have pointed out that it's almost identical to another shot that was heavily featured on the same site you posted on, the complete silence tends to indicate that it was not unintentional. Some kind of explanation is to be expected, surely.

Oh believe me, I've played devil's advocate myself. I really don't like slagging off other photographers as he's gone to the effort of creating this shot.

However:



(Before he took the shot.)

[Rude-boy]

Would not be happy but in reality what can you do? Make a lot of noise and possibly make the other chap look as silly, as they should, by not even mentioning your photo - Change the mask for the same as you used and you would think it part of a series...

Other than that there is little I know of that you could do (not legal advice, ask a man who works in this field if you want that!)

I think that the point has been made. Possibly you may wish to pen a note to the Website in question explaining that you don't wish to cause any issues but are concerned that the other chap might be omitting from their narative some important stages in their evaluation of the concept. Information that might effect how others viewed the final work.

Both are great photos though and are of the sort I could easily have seen Athena in days of yore contacting 'togs about the rights to....

[marctwo]

Commented and Liked your original.

He should have at least credited you with the idea.

[DibblyDobbler]

Outrageous - nail the f*cker! I would be raging.

[cteagles]

Sadly there is not much you can do, he has every right to create a similar image although he shouldn't have - especially one that is entirely constructed. I would contact him and give him a piece of your mind. He should have credited you at least that would have been the decent thing to do.

Reminds me of a quote: "Authenticity is invaluable; originality is nonexistent.”

His image is neither authentic nor original.

[RobbieKB]

That's exactly my feelings Rude-boy.

What I didn't expect was this level of backlash! The comments have gone mental on his photo (and just to add I've not asked anyone to do/say anything, however I do appreciate the support).

He's a good photographer, why he lowered himself to copying other people's work is beyond me.

[londonagent]

No such page on 500px now.

[vescaegg]

londonagent said:

No such page on 500px now.

Yep and gone from the popular images.

[RobbieKB]

I can't believe the backlash on 500px, his Facebook page and on Twitter. I'm humbled by fellow 'tog's community spirit I really am. I didn't ask anyone to do or say anything but so many have gone completely out of their way.

[vescaegg]

Seems to be back again albeit with all negative/copy comments from annoyed people removed?

Or is it just me who cant see the backlash comments any more?

http://500px.com/photo/52605304

EDIT - he has now credited Robert. Yeah mate only because of the ststorm which fell upon you!

'WOW! My apologies, of course it was inspired by Robert, I've been wanting to re-create this for some time! His original was so amazing! Check his original image out below:

Inspired by: Robert K. Baggs: Original Photo "Adversity" 500px.com/photo/10234497'

Edited by vescaegg on Wednesday 20th November 14:03

Edited by vescaegg on Wednesday 20th November 14:04

[boyse7en]

Looks like he has changed the text with the pic to credit the original now - assuming that you are Robert K. Baggs