and here is a fanmade cover for the same song which was created before the release of the official cover.
Doesn't it look similar? In short, JIVE steal the fan's idea for designing the cover. The question here is can that fan sue JIVE for stealing his idea?
From my opinion, I don't think he can sue or claim any right for other people to use his design idea/style.
There are a few reasons:-
1 - JIVE don't use the same/exact image, only the style or the idea.
2 - JIVE has the right on the pictures as well as the fonts that the fan used.
3 - ideas cannot be copyrighted. It could be copyrighted but not easy, it should be a
super special idea like a new invention.
4 - JIVE has power and money. It is hard for a regular person fight against a huge
and powerful company.
In conclusion, JIVE just don't care if they steal the fan's idea. Ideas or styles are something that cannot be copyrighted. They are something that can be patented. Like I said, something that is unique and special.
If something that is simple like an idea of designing a cover or a style of an image composition can be copyrighted, then the original person who comes up with that particular image composition can also claim his right. If people can claim their rights for ideas and styles, then they could claim rights from anyone who uses their ideas or styles to design something. This won't make sense at all. Do you want to live with this kind of law? I don't think so.
Personally and morally speaking, JIVE should at least say thanks or give a credit to the fan who made the cover at the first place. I will do that if I were the head of that company; and if I were that fan, I will appreciate it if JIVE at least say thanks and give a little credit (which is officially mentioned my name), I won't expect more from them.
However, if we personally meet the artists and take their photos; and then design a cover from it; and if JIVE uses the picture (the exact picture that we created) without paying us anything (they are stealing), then we can sue them for stealing.
So, what do you guys think?
Feel free to comment.
