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.
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...
Originally Posted by Oren Grad
Tin Can
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.
I read that and didn't buy in.
Tin Can
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.
I guess I don't see any 'film emulation' going on. Anymore so than this rice emulation to feed the world:
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!
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.
I think the only issue here, which seems to have been addressed, is use of trademark.
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