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Dark side of the Force

Dark side of the Force
Contribution for The Sunday Challenge: Negative space (in photography)

Contribution for The 50 Images-Project: Still Life 22/50

Playing with toys again... At Tampere there has repeatedly arranged a photography courses and exhibitions called as "Adult Plays". The theme has been to learn photography by shooting toys or cartoon collectibles in various locations.

What has puzzled me is the possible risk to infringe the copyright. Toys and cartoon characters are after all copyright protected just like any other works of art. However, I discovered it depends on whether the use of items turns out as something original and creative enough to become as a new work of art.

"Parody" is one criteria. The new work may for example mock some everyday life phenomena. One then may wonder what is parody?

Another question is the context. What additional elements are required to make the new creation as new and original enough?

Here I have used so called Sabattier effect, and more precisely a "V-shape" on Snapseed curves tool, to turn items and background "dark". The goal was to play with references to "Dark side of the Force" and to "negative space". But is it parody? And does this rather minimalist composition turn out as original enough?

Sources:

Adult Plays photos. Photography course works arranged at Tampere Region Center of Adult Education. Photogallery available at Facebook.

➽ Brendan Conley: Can I be sued over my photographs of a copyrighted toy or other product? Photo Copyright Law blog.

➽ Artist Rights. Mattel Inc. v. Walking Mountain Productions. National Coalition Against Censorship and the Center for Democracy and Technology.

AD AD, Fred Fouarge, Gillian Everett, ColRam and 17 other people have particularly liked this photo


17 comments - The latest ones
 Chrissy
Chrissy club
Fußball im Weltall :)
4 years ago.
 Jan
Jan
Definitely seems to be from a film scene! I would say very successful! You brain did a lot of ‘wondering’ too
4 years ago.
 M♥rJ Photogr♥phy !! ( Marj )
M♥rJ Photogr♥phy !!… club
You have been where no Man has been before !!!!....Great negative space you have created with your Toys Sami !!!
4 years ago.
 Gudrun
Gudrun club
Cool (negative) space oddities!, I like the effect! And I think it's an original enough work of its own for you not to run into trouble with copyright
4 years ago.
 Amelia
Amelia club
I think it's original enough, Sami. You've even included the milky way. ;-)
4 years ago.
 H C
H C
Very creative work, Sami.
4 years ago.
 Clickity Click
Clickity Click
I see you are enjoying playing again Sami:) cool
4 years ago.
 PhLB - Luc Boonen
PhLB - Luc Boonen club
you've gone completely out of space Sami!
4 years ago.
 Wierd Folkersma
Wierd Folkersma club
adventure in space :))
4 years ago.
 Esther
Esther club
It certainly makes a cool image!
4 years ago.
 Boarischa Krautmo
Boarischa Krautmo club
;)
4 years ago.
 Diederik Santema
Diederik Santema club
Lovely image and imagination.
For the copyright one can also ask: is a photo of a collection of books breach of copyright? The same applies for architecture, logos etc etc. Even word usage like aspirine is an example.
ANd then of course youTube, FB Google etc are filled with these things.
4 years ago. Edited 4 years ago.
 Gillian Everett
Gillian Everett club
negative space in Space, very creative
4 years ago.
 Fred Fouarge
Fred Fouarge club
another solarsystem
4 years ago.
 HaarFager
HaarFager club
You raise a good point with your question here, Sami. As far as I can see, these days whoever has the most money, such as the big corporations that own just about everything "ownable" have the most right to justice. That is, they can afford to hire the most lawyers so that "justice" is always slanted in their favor, irrespective of right or wrong. What are we ordinary citizens to do in a case like that? There's nothing we can do - we can't afford as much "justice."
4 years ago.
Sami Serola (inactiv… club has replied to HaarFager club
Thank you, Kenneth. I repeat here what I commented under your image:

What I as an artist can do is to get informed and learn to know my rights. Like my toy example here shows, also an artist using well known toys as subjects on art can win the case.

However, what really worries me, and I guess also the IMA team is worried about, are the blatant cases. I give an example.

I just discovered one user here at ipernity, who have republished a photo originally taken by Robin Loznak. What makes that case outrageous is that this ipernity user had even seen trouble to claim her/his copyright on the caption, with many words. This user had even added a broad frames and her/his signature on it. In my opinion such a behavior is morally and ethically wrong.

Personally I wouldn't become worried of photographing and publishing images of possibly copyright protected artifacts from time to time, more or less by accident. If one is still most of the time posting entirely her/his own works, this is then perfectly alright. But to keep ipernity reputation good, we should keep those blatant cases at bay.
4 years ago.

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