There are some precedents to this in the music world with 'sampling' of
others music. Maybe its headed down a similar path?
Oben
----- Original Message -----
From: "Andrew Dacey" <frugal@xxxxxxxxxxxxxxx>
To: "Olympus Mailing list Mailing list" <olympus@xxxxxxxxxxxxxxx>
Sent: Sunday, May 13, 2001 1:26 AM
Subject: Re: [OM] I need your help, or: Photo Altering Ethics
> On 5/12/01 9:40 AM, "DaEyeGuy@xxxxxxx" <DaEyeGuy@xxxxxxx> wrote:
>
> > 2) If you feel the picture has been altered, do you agree that
representing a
> > product to sell using a picture of a totally different product is
fraudulent?
> > What would YOU do if one of your pics wer used, altered, and then used
to
> > market a product? Are we lessening our "implied copyright" by posting on
the
> > internet? I have no actual knowledge of the legalities...but common
sense
> > tells me something could be done about this.
>
> I'm going to go at this from a different angle. I'm not going to actually
> talk at all about any potential copyright violations which others have
> already brought up. I believe it is clear that the 2nd pic is derived from
> the first, I have no idea about the legality of that.
>
> However, you do raise the question about fraud in advertising. It's my
> understanding that this would constitute false advertising. As far as I
> know, advertising shots need to show the actual product being shown, or
> indicated otherwise. That's why so frequently in car ads you'll see a
little
> note at the bottom that says something like, "European model shown".
>
> I remember talking with a photo instructor once and he mentioned these
> issues with doing food photography. He had said that whatever you're
> advertising has to be real, but everything else would be fake (because of
> logistics issues with food photo). His example was if you had a photo of a
> bowl of ice cream and a glass of milk. If it was an ad for milk, the milk
> would have to be real but the ice cream could be (and probably would be)
> fake. If it was an ad for ice cream, the ice cream would have to be real
but
> the milk would be fake.
>
> I believe the same situation applies here. If you are selling a window
> treatment (or fabrics for a window treatment), then the actual window
> treatment (or fabric) would have to be the real thing. The room itself
could
> be altered or fake (like say just a prop wall in a studio with a backdrop
> outside of the window).
>
> --
> Andrew "Frugal" Dacey
> frugal@xxxxxxxxxxxxxxx
> http://www.tildefrugal.net/
>
>
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