HC breaks copyright on coverart after being denied original - Page 5

Catlady · 09-16-2011, 03:15 PM

Check out this cover of a book at Smashwords:

Is this similar enough to the two that were initially discussed? Obviously, the color is different, there are no buildings, and the woman's position is reversed, but the foggy atmosphere is similar, the flying black bird is there, and the woman is in a black gown with black straps criscrossing the back (hard to see in the thumbnail, but visible in the larger image at Smashwords).

alansplace · 09-16-2011, 04:29 PM

Quote:

Originally Posted by Catlady

Check out this cover of a book at Smashwords:

Is this similar enough to the two that were initially discussed? Obviously, the color is different, there are no buildings, and the woman's position is reversed, but the foggy atmosphere is similar, the flying black bird is there, and the woman is in a black gown with black straps criscrossing the back (hard to see in the thumbnail, but visible in the larger image at Smashwords).

yup, i can see details in this attachment better than on your thumbnail (when i click on it, of course).

Daithi · 09-16-2011, 04:49 PM

The original example showed three major elements in each of the pictures
- a woman in a black dress viewed from behind and in profile
- a black bird flying off to the side
- a background of old buildings providing an eerie atmosphere

What other major elements were there in the original pictures? There weren't any. Additionally all the major elements in these two pictures followed a similar layout as far as positioning of the elements.

Does this new picture also fall into this same category?

No, it does not. The girl is not in profile. The bird is a minor element and not a major element. The eerie buildings are missing. There is a silhouetted set of tree branches added as an element in the new picture. There is also a moon containing the visage of a white wolf. The similarities between this image and the original two images is coincidental at best. Whereas, the similarities in the first two images were the result of blatant copying.

Andrew H. · 09-16-2011, 11:32 PM

Quote:

Originally Posted by Daithi

The similarities between this image and the original two images is coincidental at best. Whereas, the similarities in the first two images were the result of blatant copying.

The same model was also used in the original two images, which added quite a bit to the similarities.

Catlady · 09-17-2011, 07:54 AM

Obviously I found the third cover similar enough that it jumped out at me a month after the other two covers were discussed in this thread.

It looks to me like the poor man's version of the other two--definitely less opulent in feeling.

I never read anything about the same model being used for the first two covers. Where did you get that information?

khalleron · 09-17-2011, 03:10 PM

It's not the same model. The original artist offered to do another cover with the same model, but never heard from the publisher again.

Perhaps that's what Andrew H. misunderstood.

MrsJoseph · 09-17-2011, 08:08 PM

Quote:

Originally Posted by Catlady

Check out this cover of a book at Smashwords:

Is this similar enough to the two that were initially discussed? Obviously, the color is different, there are no buildings, and the woman's position is reversed, but the foggy atmosphere is similar, the flying black bird is there, and the woman is in a black gown with black straps criscrossing the back (hard to see in the thumbnail, but visible in the larger image at Smashwords).

While all three have some similarities, I feel that the first two are much more alike than the third.

The third makes me think of a forest at night, with the tree being just as prominent as the black bird and the moon with the wolf being more important than both. The location of the woman, her profile and even her hair is different. The other two are set in urban areas and the bird is much more important. Both women are in the same location, same profile and both have their hair up.

K-Thom · 09-17-2011, 08:43 PM

I don't know how US-American courts handle copyright issues, but in Germany this would be more of a moral cause than a legal one. And especially not one about copyright.

HC sure didn't do themselves some good with publishing a rip-off of a cover they couldn't get. I don't understand why they had to stay that close to the original?! Didn't anyone on the staff see the "bad publicity!"-sign coming?

Just keep in mind the positive effect for both author and cover artist of "Spiderwork". HC inadvertently did them a major favor. People like to side with the underdog and the one who did the original.

Andrew H. · 09-17-2011, 10:40 PM

Quote:

Originally Posted by khalleron

It's not the same model. The original artist offered to do another cover with the same model, but never heard from the publisher again.

Perhaps that's what Andrew H. misunderstood.

Yes, that was it.

MrsJoseph · 09-18-2011, 09:44 AM

Quote:

Originally Posted by K-Thom

I don't know how US-American courts handle copyright issues, but in Germany this would be more of a moral cause than a legal one. And especially not one about copyright.

HC sure didn't do themselves some good with publishing a rip-off of a cover they couldn't get. I don't understand why they had to stay that close to the original?! Didn't anyone on the staff see the "bad publicity!"-sign coming?

Just keep in mind the positive effect for both author and cover artist of "Spiderwork". HC inadvertently did them a major favor. People like to side with the underdog and the one who did the original.

I have to agree about the effect for Spiderwork. I bought a copy and I don't even read Sci-fi, lol.

09-16-2011, 04:49 PM	#63
Daithi Publishers are evil! Posts: 2,418 Karma: 36205264 Join Date: Mar 2008 Location: Rhode Island Device: Various Kindles	The original example showed three major elements in each of the pictures - a woman in a black dress viewed from behind and in profile - a black bird flying off to the side - a background of old buildings providing an eerie atmosphere What other major elements were there in the original pictures? There weren't any. Additionally all the major elements in these two pictures followed a similar layout as far as positioning of the elements. Does this new picture also fall into this same category? No, it does not. The girl is not in profile. The bird is a minor element and not a major element. The eerie buildings are missing. There is a silhouetted set of tree branches added as an element in the new picture. There is also a moon containing the visage of a white wolf. The similarities between this image and the original two images is coincidental at best. Whereas, the similarities in the first two images were the result of blatant copying. Last edited by Daithi; 09-16-2011 at 10:35 PM.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Adding page breaks in Calibre breaks ePubcheck validation	bookraft	Conversion	16	03-01-2011 01:23 PM
How do I make Page Breaks consistent with original text	graemestone	Introduce Yourself	7	12-17-2010 06:41 PM
Question for original kobo (with original firmware) users	timlegge	Kobo Reader	2	11-23-2010 09:47 PM
permission denied	rodolfo	Calibre	5	10-16-2010 11:58 PM
Permission denied?	desertgrandma	Kindle Formats	16	01-26-2009 06:06 AM

09-16-2011, 03:15 PM	#61
Catlady Grand Sorcerer Posts: 7,418 Karma: 52613881 Join Date: Oct 2010 Device: Kindle Fire, Kindle Paperwhite, AGPTek Bluetooth Clip	Check out this cover of a book at Smashwords: Is this similar enough to the two that were initially discussed? Obviously, the color is different, there are no buildings, and the woman's position is reversed, but the foggy atmosphere is similar, the flying black bird is there, and the woman is in a black gown with black straps criscrossing the back (hard to see in the thumbnail, but visible in the larger image at Smashwords).

09-17-2011, 07:54 AM	#65
Catlady Grand Sorcerer Posts: 7,418 Karma: 52613881 Join Date: Oct 2010 Device: Kindle Fire, Kindle Paperwhite, AGPTek Bluetooth Clip	Obviously I found the third cover similar enough that it jumped out at me a month after the other two covers were discussed in this thread. It looks to me like the poor man's version of the other two--definitely less opulent in feeling. I never read anything about the same model being used for the first two covers. Where did you get that information?

09-17-2011, 03:10 PM	#66
khalleron Kate Posts: 1,700 Karma: 3605799 Join Date: Mar 2009 Location: Oregon, United States Device: MeeBook, Kobo Libra Colour	It's not the same model. The original artist offered to do another cover with the same model, but never heard from the publisher again. Perhaps that's what Andrew H. misunderstood.

09-17-2011, 08:43 PM	#68
K-Thom The one and only Posts: 3,302 Karma: 535819 Join Date: Oct 2008 Location: Berlin, Germany Device: yup!	I don't know how US-American courts handle copyright issues, but in Germany this would be more of a moral cause than a legal one. And especially not one about copyright. HC sure didn't do themselves some good with publishing a rip-off of a cover they couldn't get. I don't understand why they had to stay that close to the original?! Didn't anyone on the staff see the "bad publicity!"-sign coming? Just keep in mind the positive effect for both author and cover artist of "Spiderwork". HC inadvertently did them a major favor. People like to side with the underdog and the one who did the original.