Alleged Copyright Infringement: Jodi Cobb v. Geisha House
Jodi Cobb, a photojournalist, recently filed suit against the LA restaurant, Geisha House, alleging that the restaurant used the picture from the cover of her book Geisha: The Life, the Voices, the Art (seen on the right at the top). A
llegedly, Ms. Cobb’s picture was used in the restaurant’s signage on Hollywood Boulevard (seen on the right at the bottom), on business cards, matchbooks, menus, and even chopstick holders. The Geisha House argues that it is not the same photograph.
The restaurant stated that they wanted to use Cobb’s picture however, her licensing fees
were too high. Instead, the restaurant argues that they created their own version of Cobb’s picture. It appears that the restaurant may have been trying to assert the defense of independent creation by arguing that they independently created the work. However, according to Nimmer on Copyright, evidence of access and substantial similarity are sufficient to create an inference of copying. It seems to me that the Geisha House may be in a bit of Geisha-trouble.
Comments
It may not be ideantical but is substantially similar to picture. And when the restuarant owner had access to Jodi Cobb's work, proving independent creaton is tough.
Yeah it looks like it's not the same picture, but it might be.
Good luck with that one.
I agree that she should be honored that someone wanted to use her photo but at the same time there is an issue with copyright.
Of course it is not an axact imeage but the artist Ms Cobbs idea and image is being copied. This is her job and her livelyhood she deserves to be compensated for it. I also would be flattered if someone wanted to use my photos but I am an amateur.
It's apparent upon close inspection that it is NOT the same photo. The shape and shadow of the bottom lip is slightly different. The mouth is slightly wider. You can see just a hint of the shoulder to the right of the chin and the shape of the chin itself is not as pointed. I think it's silly that someone would be so upset over this. I'd be rather flattered if someone thought so much of my image that they'd go to great lengths to copy it.
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