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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