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Is it Poaching ?
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Sep 1, 2017 12:30:00   #
amfoto1 Loc: San Jose, Calif. USA
 
You are REALLY stretching it, trying to claim that drawing is "poached" from your photograph. The drawing is vaguely similar, but IMO that's as far as it goes.

You could try taking them to court, but that will probably be a big waste of your money.

Save your outrage for when someone actually takes and uses your images, claiming they are their own.

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Sep 1, 2017 14:35:09   #
whitewolfowner
 
I see no way you can accuse him of copying your photo. There is no resemblance other than two people hugging.

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Sep 1, 2017 14:42:03   #
glyphtrix
 
jdubu wrote:
I see why you are drawing the conclusion you have, but the fact that 2 people in a piece of art are hugging and you have a shot of 2 people hugging (regardless of a popular hair style) won't get you much further than coincidence to me.

Even if it were true that your photo was the inspiration of his art work, inspiration for art is almost always built on what moves us. .

It's not gonna win if it goes to a jury. Then there's the whole different issue called "derivitive. Works" everybody is allowed to make a different work based on the inspiration of the original. But it must be different it can not be a carbon copy. In this case it's a drawing and not a copy of a photograph. If someone were to simply colorize your photo it could possibly qualify as a derivitive.

Only your original photo is protected under us copywrite law and that for 50 years after your death.

It does look pretty close. But playing devils advocate: there is a chain necklace in your image and no such chain in the copy image.
If it was an exact copy.of your image you would have a legal right to ask it be removed from online.
As it is it is merely a drawing a completely different format..probably a derivitive- but equally protected by law just the same .

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Sep 1, 2017 15:42:46   #
cambriaman Loc: Central CA Coast
 
It seems you don't have a case.

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Sep 1, 2017 17:05:15   #
Wmetcalf Loc: Rogersville, Mo
 
Lukabulla wrote:
Hi Everyone ,
Your views on this would be most welcome ..
Ive attached 2 images .. The colour Photo was taken by me about 15 or so years ago .
It has been posted on Facebook for a few years in my Albums there .. as well as Flicker ..

yesterday i saw the other Drawing on Facebook ... I saw this as a more or less a copy of my photo ..
I wrote to the guy who drew it via facebook and said that he was ' Poaching' and asked if he could remove it ..

He was very adamant that he has never seen my photo and created it out of his head a few days ago ..

What you think ? is it Poaching ? if not , what are the odds against that happening out of the blue ?
Hi Everyone , br Your views on this would be most ... (show quote)

No

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Sep 1, 2017 17:44:21   #
Hal81 Loc: Bucks County, Pa.
 
dsmeltz wrote:


Beware! They walk among us.

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Sep 1, 2017 19:44:24   #
DeanS Loc: Capital City area of North Carolina
 
I'll bet that if you searched longbenough you could find thousands of drawings and photos that have much in common with your photo and the drawing.

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Sep 2, 2017 00:38:22   #
Murray Loc: New Westminster
 
Nowhere near enough similarity to make a viable civil action.

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Sep 5, 2017 11:57:42   #
gekko11 Loc: Las Cruces NM
 
most certainly not poaching

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Jan 31, 2018 06:33:38   #
LoneRangeFinder Loc: Left field
 
Lukabulla wrote:
Hi Everyone ,
Your views on this would be most welcome ..
Ive attached 2 images .. The colour Photo was taken by me about 15 or so years ago .
It has been posted on Facebook for a few years in my Albums there .. as well as Flicker ..

yesterday i saw the other Drawing on Facebook ... I saw this as a more or less a copy of my photo ..
I wrote to the guy who drew it via facebook and said that he was ' Poaching' and asked if he could remove it ..

He was very adamant that he has never seen my photo and created it out of his head a few days ago ..

What you think ? is it Poaching ? if not , what are the odds against that happening out of the blue ?
Hi Everyone , br Your views on this would be most ... (show quote)

From my perspective, the images have nothing in common other than two individuals. The drawing is more like “The Kiss”. The theme is way too commonplace—and I would have Never have made the connection between the two that you did.

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