Well looking at it I have no doubt that the creator of the Harper Collins cover was re-creating the first artwork.
I'm not a legal expert so I have no idea if they crossed legal boundaries. I know that in High School my English Teacher used to pound home that if we used more than so many exact words ... we had to give credit. I think it was around 10 words. In music, you hear of lawsuits all the time where one song has an identical number of chords to a previous song and somebody sues. ... I'm sure there is an equivalent for artwork such as this.
We have the
woman in the exact same pose in the exact same place
same colors
bird
buildings (yes they're different but the exact same architectural style)
all those clouds
and nearly every element is positioned in the exact same place in the picture.
I feel for the original artist. Unfortunately, it isn't all that easy for David to take on Goliath. More times than not, he gets smooshed.
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