Copyright or inspiration?

Everlasting question in copyright law: at what point does inspiration turn into copyright infringement. We refer to our earlier post on this subject.

This issue was also the discussion point in the lawsuit recently filed by photographer Janine Gordon against photographer Ryan McGinley.

An interesting article shows us the concerning photographs.

The coincidence is remarkable, if it was trademark law, we would have said infringement, a risk of confusion is at hand. In copyright law this is different, one can be inspired by an idea of somebody else and create a new work, confusion is not the criteria. Nevertheless, the crucial copyright elements have been taken over, thus we would have say, Gordon has a good point. What would you say?

Photographs by Janine Gordon and Ryan McGinley, news source: Petapixel

Arnaud Bos

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