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Material Girl Sued,(Piracy?) Internet allows anyone to be the judge
VARIETY ^ | Thurs., Oct. 9, 2003, 12:00pm PT | TRAVIS F. SMITH

Posted on 10/09/2003 1:11:29 PM PDT by fight_truth_decay

Madonna is being sued by the son of Guy Bourdin over similarities between her recent "Hollywood" video and photos taken by Bourdin, a Parisian fashion photographer who died in 1991, according to the Smoking Gun.

Are the allegations true? Judge for yourself with screen captures from the video next to the (11)photos that they most closely resemble, posted by a site dedicated to the photographer.

While many worry that the Internet creates a fertile ground for appropriating the creative output of artists, this situation demonstrates how the Internet can make clear the relationships between derivative work and inspiration, putting the work of a relative unknown on the same page as that of a global superstar and letting the public be the judge.

Whether the case is settled, dismissed or goes to jury, Madonna's video and Bourdin's work can now be analyzed by any casual surfer in a way that simply wasn't possible 10 years ago, and that's a victory for anyone who creates new or derivative works.


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Editorial; Extended News; News/Current Events
KEYWORDS: copyright; copyrightact1976; guyguybourdin; holywoodvideos; infringement; lanhamact; madonna; photographer; piracy; smokinggun
..."lawyer John Koegel said: 'This is more than inspiration. An overwhelming number of the scenes in the Hollywood video are overtly and substantially derived from the Bourdin works. Factors such as composition, background, wardrobe, lighting, narrative, camera angle, decor and objects depicted are strikingly similar.

'There are very few scenes or sequences in the Hollywood video that are not directly derived from the Bourdin works.'


Spot the difference:
(One out of 11 images)Bourdin's image (above)
and Madonna's video (below)

Madonna, 45, who is married to British film director Guy Ritchie, is said to be familiar with his work.

She recently toured (a week before she filmed the "Hollywood" video), a Bourdin exhibit at the Victoria & Albert Museum in London, the show's curator Charlotte Cotton told the Dallas Morning News; and is said to have described him as 'so sick and interesting'.

The video's director, French-born Jean-Baptiste Mondino, and Madonna's record company Warner Brothers are also being sued by the Bourdin family.

1 posted on 10/09/2003 1:11:30 PM PDT by fight_truth_decay
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2 posted on 10/09/2003 1:12:45 PM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: Support Free Republic
I can't see any similarity at all. I even turned them upside down and backwards. Madonna has much bigger udders.
3 posted on 10/09/2003 1:23:03 PM PDT by bayourod
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To: fight_truth_decay
This from the Material Girl who greeted those who would be downloading her music with some sort of admonition to buy it, rather than steal it?

I'm shocked, just shocked, I tell ya.
4 posted on 10/09/2003 1:52:11 PM PDT by newgeezer (Just my opinion, of course. Your mileage may vary. You have the right to be wrong.)
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To: bayourod
hehe hehe ... you said udders
5 posted on 10/09/2003 2:03:53 PM PDT by appalachian_dweller (If we accept responsibility for our own actions, we are indeed worthy of our freedom. – Bill Whittle)
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To: bayourod
Yeah I mean in the first still the background is pinkish and in the other redish. If you can kill a baby in Illinois so long as the cord is still attached then surely you can rip off someone's work so long as at least one jot is different.
6 posted on 10/09/2003 2:10:14 PM PDT by Naspino
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To: newgeezer
It really is hard to imagine her doing anything so immoral.
7 posted on 10/09/2003 2:25:52 PM PDT by watchin (There are 3 kinds of people in the world; those who can count, and those who can't)
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To: fight_truth_decay
The similarities are striking. However, we're talking similarities between 2 sets of trash photos. Madonna is one mixed up cookie-- and she's inflicting it on those poor children of hers.
8 posted on 10/09/2003 2:27:16 PM PDT by Clara Lou
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To: Clara Lou
Most of the 11 photos have the same Factors such as composition, background, wardrobe, lighting, narrative, camera angle, decor and objects depicted are strikingly similar .

If one was similar to Guy Bourdin's photos then it would not be the story it is; but 11? I would have to go with the Bourdin family. The 'piracy hypocrisy' issue of it as well.

9 posted on 10/09/2003 2:47:45 PM PDT by fight_truth_decay
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To: fight_truth_decay
It's called an "homage". Many music videos rip off visuals from painter, filmmakers, and photographers.
10 posted on 10/09/2003 3:54:44 PM PDT by weegee
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To: weegee

Many music videos rip off visuals from painter, filmmakers, and photographers.

Is that something like Dems using the same talking points on the Sunday Blather??

11 posted on 10/09/2003 3:57:42 PM PDT by ancient_geezer
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To: bayourod
They are similar, but not direct copies so I can't see how they could win a suit against her.
12 posted on 10/09/2003 4:10:47 PM PDT by honeygrl
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To: ancient_geezer
The talking points are distributed from the top of the DNC. They used to keep them posted (and labeled "talking points") on their website. I think it was under activism on talking to (conservative) talk radio. They redesigned the DNC site and I can't find the day's talking points anymore.

Music video swipes are because by and large the music industry (especially "pop music" industry) is devoid of ideas and need to grab something that is already "proven".

In the movie business its remakes and hybrids ("this movie is like Titanic meets Dirty Harry). In theater it is adapting old tv shows and movies for the stage (or recasting an old hit with tv and movie stars).

13 posted on 10/09/2003 4:14:06 PM PDT by weegee
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To: fight_truth_decay
"Material Girl Sued"

In light of her current level of popularity, shouldn't her nickname be changed to the
"Immaterial Girl"?

14 posted on 10/09/2003 4:20:11 PM PDT by capt. norm (You have the right to remain silent. Anything you say will be misquoted, then used against you.)
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To: honeygrl
In the art world there are some "artists" who crank out paintings based on famous sports photos. Some of the photographers occasionally have brought lawsuits against the painters for ripping off their works.
15 posted on 10/09/2003 4:21:42 PM PDT by weegee
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To: fight_truth_decay
In other news, Jane Russell, Warner Bros, and the estate of Marilyn Monroe sued Madonna for ripping off 'Diamonds are a Girl's Best Friend.'

Gotta love the lawyers and the Material Girl's press manipulation. Such an obvious attempt to get some noise. Wonder how much she offered to pay the family to sue?

So where does it end...
So where does it end...
So where does it end...

(This post has been sued by Phil Collins, who is also being sued)
16 posted on 10/09/2003 6:33:11 PM PDT by LibertarianInExile (The scariest nine words in the English Language: We're from the government. We're here to help you.)
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To: fight_truth_decay
Gee, I thought she had currently morphed into "I'm a Mommy and I write children's books."

Maybe, she is still into porn.
17 posted on 10/09/2003 8:12:56 PM PDT by freekitty
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