In a message dated 12/8/2008 4:48:56 PM Pacific Standard Time,  
[EMAIL PROTECTED] writes:

If the  album cover is the key feature of the picture (which it would
be, since  that's the point of making the picture) then it could well
be  enough.>>


--------------------
I think it would be a hard case to win to try to suppose what the "intent"  
of the picture taker was.
Substantially similar means that a typical person would say, "Oh that's the  
same object" in a slightly different form.
 
A picture of you, holding an album cover, is the same object as a picture  of 
the album cover.  Not in my book.  Me standing in front of the Taj  Mahal is 
not the Taj Mahal.
 
It would be interesting however if someone were to stand in Times Square  and 
sue everyone who was taking pictures of each other.  Since obviously  their 
*intent* is to violate the copyright of the giant billboards behind  them....
 
 
Will Johnson
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