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Thread: KODAK EVERYDAY® ORIGINAL Legal?

  1. #11
    Tin Can's Avatar
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    It's not just grain, but shades of color, tonality etc. Film has a signature.

    They include color film and slide.





    Even Kodak Yellow is a Pantone.

    Quote Originally Posted by DonJ View Post
    You're asking if emulating an emulsion's look is legal?

    I'm not aware of any legal protection that would protect the appearance of the film grain.

    Or am I misunderstanding your question (again)?
    sin eater

  2. #12
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Patents cover practical aspects of photochemistry and manufacturing techniques. Trademarks cover brand/product names and sometimes logos and packaging designs. But AFAIK, the subjective appearance of a processed emulsion when translated to some output medium - the brightness scale and color balance resulting from the emulsion's characteristic curves, and the appearance of the grain structure - can't be patented or trademarked. But I'm not a lawyer, so I could be wrong about that.

  3. #13
    Tin Can's Avatar
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Nor I and I am not a fan of lawyers until I need one.

    I try to not need one.

    Not looking forward to jury duty next week...

    Quote Originally Posted by Oren Grad View Post
    Patents cover practical aspects of photochemistry and manufacturing techniques. Trademarks cover brand/product names and sometimes logos and packaging designs. But AFAIK, the subjective appearance of a processed emulsion when translated to some output medium - the brightness scale and color balance resulting from the emulsion's characteristic curves, and the appearance of the grain structure - can't be patented or trademarked. But I'm not a lawyer, so I could be wrong about that.
    sin eater

  4. #14

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    What is interesting is what Mr Mastin says:

    "I prefer to shoot film for everything at this point in my life. Film is the reason I had to create Mastin Labs - so I could bridge the gap between my film work and my digital work for clients. But since leaving wedding photography in 2015, I've had the luxury of shooting film for nearly everything."

    https://web.archive.org/save/https:/...eland-airwaves
    https://www.mastinlabs.com/photoism/...eland-airwaves

    A bit this describes present situation: while it's not easy to make film usage worth for most of commercial photography, it also happens that film is a regarded medium and its usage has an increasing prestige.

  5. #15
    Tin Can's Avatar
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    I read that and didn't buy in.



    Quote Originally Posted by Pere Casals View Post
    What is interesting is what Mr Mastin says:

    "I prefer to shoot film for everything at this point in my life. Film is the reason I had to create Mastin Labs - so I could bridge the gap between my film work and my digital work for clients. But since leaving wedding photography in 2015, I've had the luxury of shooting film for nearly everything."

    https://web.archive.org/save/https:/...eland-airwaves
    https://www.mastinlabs.com/photoism/...eland-airwaves

    A bit this describes present situation: while it's not easy to make film usage worth for most of commercial photography, it also happens that film is a regarded medium and its usage has an increasing prestige.
    sin eater

  6. #16

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Oren Grad View Post
    Patents cover practical aspects of photochemistry and manufacturing techniques. Trademarks cover brand/product names and sometimes logos and packaging designs. But AFAIK, the subjective appearance of a processed emulsion when translated to some output medium - the brightness scale and color balance resulting from the emulsion's characteristic curves, and the appearance of the grain structure - can't be patented or trademarked. But I'm not a lawyer, so I could be wrong about that.
    When I had my studio in CT in the 60s I decided to take in film for processing since I was directly across from a major commuting station in Darien with a large number of commuters into and out of NYC.
    The processor I was using made a large banner to put in my studio window that said:

    “We process Kodak™ film”

    Within a week I received a cease and desist letter from a Kodak attorney for using the Kodak name on the banner.

  7. #17
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    I guess I don't see any 'film emulation' going on. Anymore so than this rice emulation to feed the world:

    Click image for larger version. 

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  8. #18
    Jac@stafford.net's Avatar
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Randy Moe View Post
    Nor I and I am not a fan of lawyers until I need one.

    I try to not need one.
    Cases in the mind of lawyers are not empathic reality nor do they remotely consider justice, but just platforms that profit.

  9. #19

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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Jac@stafford.net View Post
    Cases in the mind of lawyers are not empathic reality nor do they remotely consider justice, but just platforms that profit.
    This hurts a little since my daughter, her husband, my brother, his daughter, some uncles, nephews, nieces are, or were, lawyers!

  10. #20
    jp's Avatar
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    Re: KODAK EVERYDAY® ORIGINAL Legal?

    Quote Originally Posted by Jac@stafford.net View Post
    Cases in the mind of lawyers are not empathic reality nor do they remotely consider justice, but just platforms that profit.
    Kodak's transition 2010ish to a company that was going to "make it" on intellectual property alone was built on this. Didn't work out.. If I were the software company I would not expect Kodak to change their ways.

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