Lovelyish

No. As much shit as people have stolen from each other, nobody is really going to care except for him and that’s just too bad.

But if he does manage to make money from this, hooray for him.

I guess he does, but really, it’s just a picture of a car.  Gap could argue that the picture on the onesie could have been taken by anyone, anywhere.  But I do agree, they are shockingly similar.

He does but doesn’t. Uploading pictures to Flikr doesn’t give you a copyright or a trademark. It’s free use. He does have a case, because Gap “did” use his photo. He will probably also sue for defamation, and the whole “copying” issue. But Gap will have better lawyers, and will be able to prove that they did/didn’t use his photo. And if they did, they can claim it isn’t his because it never had a trademark. Gap will win, he will be upset, and no one will care.

HAHAHA dude it’s a car. Any fucking picture of a jaguar could suffice. 

Ugh. That’s one of the hardest parts of being a photographer and putting your portfolio online. I think that GAP should apologize, fire the idiot who decided to use this photo without permission, then pay the guy whatever they would normally pay someone else for a picture like that, the same price. 

@pointe_x_x_shoes@xanga - actually he does have copyright of his photos. 

http://www.flickr.com/help/photos/
How can I copyright my photos?

In most parts of the world, including the U.S., Canada, EU countries, and Japan, you are automatically granted copyrights to your photos.

Remember that you can only copyright images that you own. In some instances, you may not have the rights to all of the elements that you’ve photographed (for example, the work of another artist) and may not have the rights to reproduce that photo elsewhere.

The nonprofit Creative Commons offers six default licenses as an alternative to full copyright so you can choose the one that best suits your needs.

You can select a default license for your photos here.

To change the license for a specific picture, just open up “Owner settings” near the bottom of your photo page and edit the license.

So really he can sue for copyright infringement. 

@xnotxbeautifulx@xanga - Only if he can prove he took it.

gap has enough money that they shouldn’t have to resort to just stealing people’s things. honestly, how hard is it to just find an old car, take a picture themselves, and then not have to worry about copyrighting. it’s a low and lazy move, he definitely has a case

it looks like the jaguar, not the picture of the jaguar.

@xnotxbeautifulx@xanga - huh… I had no idea. Thanks for enlightening me. That completely blew my argument out of the water… =)

I could see if Gap stole more out of the photo, but really, it’s going to be hard to prove that the jaguar on the shirt is the same exact jaguar in the photo.  The makers of Jaguar would probably have more of a case against the photographer.

Bah .. if they don’t accept his copyright infringement lawsuit, he’ll probably go for something that says that he was mentally and emotionally hurt because of this “incident.” Where I live, many of us make fun of the way that so many people in the U.S. expect to live off of lawsuits… oh well.

I see it, but don’t all Jags of that year look like that from the front?

I hope the people saying he doesn’t have that much of a case bother to look at his argument in the provided link. It”s pretty convincing.

I’d be pissed if someone took my art without credit or communication first, too.

@individually_surveys@xanga - If he has it on his flicker then it’s copyrighted. If someone else has it copyrighted from an earlier date then he can’t do anything. He doesn’t have to have proof that he took it, as long as he copyrighted it before they did. This is more of a copyright issue then anything really. 

@individually_surveys@xanga - and ohhh you mean the baby pic thingy. Well yeah it looks pretty similar. I would probably ask GAP for the original unedited copy. If they provide it then hey, that’s great. If not, then it looks like they did steal it from this guy. 

yes

If you look closely, even the glare in the front window is the same… Smh, shame on you Gap!!

But I agree with @pointe_x_x_shoes@xanga, Gap will win because they have the money to invest, but I do not think any laws were broken. But good luck sir!