Aw, couldn’t have happened to a nicer company:
The British Journal of Photography (BJP) brings us yet another story of aggressive assertion of copyright wreaking harm on artists — the very people it allegedly empowers. It concerns some photos in Getty Images’ stock library that have chairs in them. Because a few of those chairs are “famous” in the sense that they were produced by a couple of designers that worked with the architect Le Corbusier, the heirs of those designers, together with the Le Corbusier Foundation, have sued Getty Images in France for copyright infringement — and won.
Poetic justice, however it’s now become totally without reason. Do you recall this a short while back?
Copyright law … says you can only copyright the specific expression, and not the idea. This is supposed to protect people from getting accused of copyright infringement for basically making something similar to what someone else made. Unfortunately, as we’ve been noting with dismay over the past few years, the idea that there’s some bright line between “idea” and “expression” has been slowly fading away, and courts are, increasingly, effectively wiping out the distinction.
In the US, we’ve seen this with the ridiculous case between a photographer, David LaChapelle, and the singer Rihanna, because some of her videos were clear homages to his photographs. The expression was entirely different, but the judge didn’t think so, and Rihanna ended up having to pay up.
Over in the UK, though, we have an even more ridiculous ruling, as pointed out on Boing Boing, where a judge has ruled that a photograph using a similar idea, but totally different composition is infringement. You can see the two photographs here:
Hopefully, by the time everyone sues everyone and the courts can’t cope, some sort of reason might prevail, sort of like the mafia meeting in The Godfather.