Never shoot at 320 ISO @ f/5.6 with white seamless
… because Amazon’s patent on how to shoot against a white background,
(with camera settings given as “about 320 ISO” and “about f/5.6” )
has been granted to them by the US Patents office.
Yes, I know, this makes no sense. One of the oldest studio photography techniques – shooting against a white backdrop – has been patented by Amazon.
Udi Tirosh at DIY photo reported on this.
So I guess the easiest way to circumvent this, (aside from easily proving prior use), would be to shoot at … let’s say 100 ISO @ f/8 in the studio?
Oh, perhaps not:
“It should be noted that angles, dimensions, distances, settings, parameters, and other numerical data may or may not be expressed herein in a range format. It is to be understood that the numerical data is presented herein and used for convenience and brevity, and thus, should be interpreted in a flexible manner to include not only the numerical values explicitly recited as the only workable parameters, but also to include all the individual numerical values that can be employed in a studio arrangement 100 to achieve the desired effect discussed herein.”
I wonder if this will all fall apart when the first photographer sued by Amazon simply shows prior use?
What is your take on this ridiculousness?
Who knew ISO 320 was so important,I would have put my money on ISO 400. Not to worry though…
Im sure they are working hard in China to steal the patent and come out with a cheaper knock off (LoL)
They’ll be flooding market any time now.
Lou Recine
What an absolute load of shit, I like to see them try to enforce anything like that at all, how on earth is anybody going to police this stupid patent.
Good luck on that one.
The American patent system is a joke. This is a great example of it.
The US strongly needs to revise its patent law along with its other form of intellectual “property”.
This foolishness reminds me of when apple tried to sue samsung because samsung ‘copied’ the iphone by making a rectangular shaped phone?! Apple actually argued that they patented that shape !!! This almost seems like an april fools joke… trying to patent camera settings readily available in every camera ever made!! Will they start to insert warnings labels on cameras now? What if I decide to patent other settings & my neighbour patents more settings until they’re all patented… I guess the camera will become a tool for only those with patents & only they, will be able to take photographs… legally. WOW! What nonsense!
How in the world can a chosen shutter speed/iso/aperture combination be patented? Now how stupid is that, oh wait..welcome to the USA. Idiots.
US patents are interesting documents. They require a detailed description of the art, but, as noted, can then include other combinations.
I have no idea how the patent examiner let this get through. I looked at the date, and I have literally hundreds of images from shoots in the two or so years prior to the patent that could be used to show prior art. And, I’m sure collectively commercial photographers in the US have 10s of thousands in the year prior.
Given the fees charged by patent attorneys this exercise in stupidity probably cost Amazon a lot of money too.
Some people should spend a few more minutes reading… While I don’t agree that this is patentable, it’s also not just about the camera setting (what is “about” and “approximately” though!?!?)
The patent contains details about the number of lights, their placement, the use of an elevated platform with reflective surface, etc. All of those things go in to the process, along with the camera settings.
I used to think that patents were to protect the little guy. But then it was pointed out to me the patent system is designed to protect the big players and keep the little guy locked out.
When you take cell phones and see that all the big manufacturers have tens of thousands of patents. How could you the little guy ever invent a new phone and (i) check against all the patents and (ii) afford to protect yourself in court against these large bullies.
I’m afraid the American system is the worst because you can patent software algorithms, genetic sequences, cell phones and now how to take a photograph. Congress will never put this right as they benefit from the vast sums of money given to their parties from these same large corporations.
So I read this earlier and it amused me somewhat – but it also astounds me on so many levels. Regardless of the Patents system or process – and which country, it still begs the question “why”? Why on earth would you want to patent a technique which has so many variables? and for what purpose? If it’s Amazon – then it can only be product photography, and what is so critical about that – that it requires to be patented?
What if I replicate the process (about or approximately) and then adjust my image in post to be .5 stop under – have I still breached copyright? Will they check my metadata to see? Alternatively what if I shoot at different settings but adjust in post to to achieve the same result – will they still demand to see my settings to prove I did it in post?
It’s just ludicrous and too broad to even consider pursuing every high key image, whether it is of a book or any other product. The only real recourse I can see is if a commercial photographer (and I think ‘commercial’ is a key point) openly advertises shooting high key images at ISO 320 @ f/5.6. I can see the ad now:
Joe Blow Portrait Photography
“My Passion for high key photography is only further enhanced by my dedication to shooting your portrait at approximately ISO320 @ f/5.6…”
Come get me Amazon… I dare ya!
I’ve read comments that hypothesize that Amazon is doing this to block a move by competitors to set up something like this … but that makes no sense, because any competitor would be able to show prior use, even if not themselves.
Really, this is mystifying.
Welcome to the USA.
My opinion is why you want to set your camera as ” ISO 320,f/5.6 …..” for the high key shooting.
But you cannot make patent of a method. You can only do it for a product. That’s weird. Did’t expect that from Amazon.
Oh no…I’ve just ordered a white backdrop from Amazon, you know, the ones they’ve been selling all over the world for years?!?
Hope it arrives!
;-)
Okay, this is just outrageous, what is this world coming to, seriously amazon…i’m always thought you couldn’t patent a method. You can only do it for a product. or an Idea of something invented, etc. this is just mind blowing to me!
Lmao never happen let them sue….. free world theres a loop hole there my lawyer wife is looking in to it now I wish Amazon all the luck in the world
Ridiculous … just keep saying that over and over. It is not a technique; it is a setting to be achieved as needed by photographers. What happens when they patent all other settings … how about patenting speed settings and lenses. This should be recinded.
What about passport photos,or driving licence photos,will Amazon sue the Government because this is done.
And I am going to patent the photographing of people next to trees,or in water,or in a car…..lol.
This is a bloody joke.
Well now, for those of us that have been in the industry since the 1970’s (BEFORE there was even a thought of Amazon) and have shot with some variation of Amazon’s set up likely many times (not realizing we should keep records of ALL set up details) guess there might be a problem as we are likely to continue doing the same. Shame on the U.S. Patent office for wasting taxpayer resources on this. I am with Gary…..what a JOKE this is.
Well, I guess it would be the biggest company fail in recorded history if Amazon tried to enforce the patent on its users.
However, it would make sense if they forsaw the loophole and closed a legeal gap before anyone else tried to do the same thing to amazon:
Imagine a takedown notice for a zillion articles on the Amazon website, each failure to comply to be fined in triple digit $.
This fine would even give Amazon pause.
So they went ahead in the game by ensuring no one can throw this particular book at them.
Just my 2 cents…
Michael.