Left: Image by David Field
Top: Image NOT by David Field
Alumnus David Field (BFA 05) created the stunning image on the left. It and others from this series have been published widely in annuals, including Communication Arts and Photo District News. It seems pretty evident in the ad that the client's agency was inspired by David's concept (for credits click here).
What would you do if a client showed you a comp (an image created by another photographer) and asked you to copy it? Where is the line between using an image as a reference point and out and out theft of intellectual property?
I personally think David should send an invoice to the agency, as his image was clearly used as a conceptual/artistic reference. Typically in cases of direct, unauthorized image use, the artist is entitled to triple damages, meaning that he or she would receive 3x what a typical fee would be had the image been used legally. This situation is a bit trickier, because the agency didn't use David's actual image, but rather (seemingly) commissioned a close replica. The difficulty comes in proving that the agency's Art and/or Creative Directors were aware of David's work.
