Upon analyzing the image, it appears that the concept was derived from our copyrighted image. Is this a violation of our copyright under the derivative clause?
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1those are mounting instructions... do you have a patent on the mounting hardware?!– TrishSep 14 at 21:13
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The hardware is protected it is thee image that is in question– Craig MSep 14 at 21:43
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2 Answers
There must be substantial similarity between two works in order for there to be infringement. It is quite clear that such similarity is lacking in these images. All similarity that exists can be attributed to the nature of the things being photographed or drawn. Copyright only protects the concrete expression of an idea and not the idea itself. The nature of the underlying "idea" limits possible expressions, given the subject matter.
Clearly not derived from your photo. They got someone to mount some hardware and took a photo of it. Probably never seen your photo.
Even in the most extreme case - someone took your photo, studied it to learn how to install an item, installed it and a photo was taken, that doesn't make it a derived work.
