Torn between a desire to see this whiny suit fail as it deserves to and the schadenfreude I’d experience seeing Disney host on its own copyright overreach petard.https://twitter.com/boingboing/status/971110084095954945 …
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What has been “copied” is the general compositional idea of color-filtered images seen through block sans-serif lettering. That’s too broad an idea to have a legal monopoly on.
It's not a general compositional idea.
Then what else has been copied? The images are totally different. The words are different. The font looks the same, but is almost certainly not the artist’s IP. The similarity in look is entirely a function of the color grades and the idea of sceening the image on the letters.
The concept, plus the execution, is identical except for the brand-specific elements (Star Wars). It's like a Powerpoint template where the only thing changed is the slide text. All the design work is the same. I don't see how that's some generic similarity.
But the “brand specific elements” are most of the image. The “concept” is indeed the same. The designer should have no right to the concept.
The brand-specific elements are most of the image in a plug-and-play sense. It doesn't take any creative effort to insert them where they are. The creative effort of object placement, orientation, size, etc. was done by the original artist.
But the placement and size of the central design elements are... not the same. I guess I’ll give you orientation, but I’m not sure putting the head on top represents an act of creativity meriting legal monopoly protection.
the placement and size are almost indistinguishable and IMO close enough for purposes of an infringement claim
All art is derivative, and he doesn't think the derivative nature of the poster justifies a lawsuit.
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