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How would you feel if I copied your image, gathered by you using skills developed over many years of practice, and then I posted it as mine? I imagine you would be pretty unhappy. And rightly so.
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What if you photoshopped your image with an unusual colour scheme. I decided independently to do the same with mine and someone liked it and decided to purchase the copyright from me?
Is it still your image or mine?
The original photo is similar - the route I took to get the image may be totally different using gimp coz I'm poor. But the end result might be quite similar to yours and you see it on the front cover of S&T - would you be annoyed?
You shouldn't be - because I perceived something and did it myself from an idea. I've still used all my own skills and programmes and equipment.
This red bus thing is tied to someone's greed about an artistic idea that was known to exist, they didn't want to pay the licence to use it so made their own. There's such a fine line there that it belongs more to intent than to copyright infringement. They set out to copy - it wasn't done in an independent parallel fashion. I think that must be where the fault lies. It would be darned difficult to do with a star pic!
