Does this seem like a coincidence? Possible stolen picture...

[Year of the Rooster]

I was just on google looking at pictures of Sebrights and I came across this website that sells binders and other objects with "cute" designs on it. One of them has a Sebright roosters on it and looks almost identical to mine. Here is the product they are selling: http://www.zazzle.com/sebright_bantam_rooster_binder-127095303305694070

And here is my original picture.






What do you think?

 

[Lothiriel]

Holy cow............

If you ask me, it appears that they found your picture, flipped it, and cartoonized it. o_o They look identical. Even down to that one saddle feather that bends, at the base of the tail...

 

[Year of the Rooster]

That's what I thought.... now I want to know if there is anything I could do about?

 

[Bear Foot Farm]

Quote:

That's what I thought.... now I want to know if there is anything I could do about?

It's not a COPY of your picture, and that is all that really matters
There's no way you could claim they "stole" it from you

 

[redhen]

Quote:



It's not a COPY of your picture, and that is all that really matters
There's no way you could claim they "stole" it from you

X2,..sorry.

 

[Carols Clucks]

Quote:


It's not a COPY of your picture, and that is all that really matters
There's no way you could claim they "stole" it from you

x3

what it means is you have a rooster that fits the type, although I would note that the combs are different

 

[Year of the Rooster]

Quote:

That's what I feared...

But what are the odds that it's my rooster that fits the pictures type and not the other way around? I don't have this picture posted on any other website, but BYC, in the Breed Pages. I've searched Google images and it doesn't come up there either.

 

[Illia]

Well I pulled up the two of them and compared them, same size to fit, changing the transparency to see if they rearlly are such, and -

The head, tail, pose, and tail feather arrangement are the same, sure, but they likely just used it as inspiration. The lacing is different, the illustration's bird is in better condition (wing feathers and back aren't roughed up) and the eyes are slightly different.

I think they were just using your photo as a reference and taking comparative size/shape from it. Technically they did copy and use your image but they're not the same nor "stolen" by law.


Interesting that they found your photo!

 

[Year of the Rooster]

Well I pulled up the two of them and compared them, same size to fit, changing the transparency to see if they rearlly are such, and -

The head, tail, pose, and tail feather arrangement are the same, sure, but they likely just used it as inspiration. The lacing is different, the illustration's bird is in better condition (wing feathers and back aren't roughed up) and the eyes are slightly different.

I think they were just using your photo as a reference and taking comparative size/shape from it. Technically they did copy and use your image but they're not the same nor "stolen" by law.


Interesting that they found your photo!

If my picture had been water-marked, would that have made any difference do you think? What irks me the most is that they're making money off of these binders.... :/

 

[zzGypsy]

wouldn't have made any difference.

in order to go after them, I think you'd have to prove they took your photo and morphed it into the image there. if they used it as inspiration for an original work of art (not using the photo as part of that image itself) it's going to be tough. it's not like when someone famous has their recognizable image used - where their face is their brand.

they're making money on their artwork, not on your photo, so I think you're probably out of luck on that part. however, if you contacted them and *asked* about it, maybe you could get a free binder from them... as a thankyou for the inspiration... maybe worth a try anyway.