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KoKo

(84,711 posts)
Mon May 12, 2014, 03:15 PM May 2014

US Patent Office Grants 'Photography Against A White Background' Patent To Amazon

...from the maybe-someone-at-the-office-checked-the-wrong-box? dept

The US Patent and Trademark Office is frequently maligned for its baffling/terrible decisions... and rightfully so. Because this is exactly the sort of thing for which the USPTO should be maligned. Udi Tirosh at DIY Photography has uncovered a recently granted patent for the previously-unheard of process of photographing things/people against a white backdrop... to of all companies, Amazon.

I am not really sure how to tag this other than a big #fail for the USPTO, or a huge Kudos for Amazon's IP attorneys. In a patent simply called Studio arrangement Amazon took IP ownership on what we all call shooting against a seamless white backdrop.

Here's a photo of Amazon's bold new photography concept (US Patent 8,676,045), which pretty much looks like every photo studio in the history of photo studios.




There's plenty of technical text to separate Amazon's white-backdropped photo studio from the thousands in existence prior to 2011 (the date of filing), which shows just how innovative Amazon's concept is:

a background comprising a white cyclorama; a front light source positioned in a longitudinal axis intersecting the background, the longitudinal axis further being substantially perpendicular to a surface of the white cyclorama; an image capture position located between the background and the front light source in the longitudinal axis, the image capture position comprising at least one image capture device equipped with an eighty-five millimeter lens, the at least one image capture device further configured with an ISO setting of about three hundred twenty and an f-stop value of about 5.6...

Amazon does more explaining later on, differentiating its proprietary white-background photo thing from others exactly like it by pointing out that prior art often refers to image retouching, green screens or other forms of image manipulation. Amazon's technique is apparently the purest of the pure, being only the photographer, the photographed object/person, the white background, a number of front lights/back lights and some sort of object separating the subject from the ground below it.

How does this breakthrough work in practice? Glad you asked.

1. Turn back lights on.
2. Turn front lights on.
3. Position thing on platform.
4. Take picture.


Now, we'll note that in all fairness (HAHAHAHA), Amazon filed this application back in the early days of photography, circa 2011. Nearly three years later, that foresight has paid off, and Amazon can now corner the market on taking pictures in front of a white background.

More at:
https://www.techdirt.com/articles/20140507/04102327144/us-patent-office-grants-photography-against-white-background-patent-to-amazon.shtml
18 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
US Patent Office Grants 'Photography Against A White Background' Patent To Amazon (Original Post) KoKo May 2014 OP
I think the USPTO has ceased to be relevant, lost it's way, become just a tool of the rich. NYC_SKP May 2014 #1
Thanks for link for the many ways this is available...! KoKo May 2014 #4
Well that seems stupid. Nothing more to it? DirkGently May 2014 #2
I was hoping one of our DU Photographers would weigh in on this. KoKo May 2014 #3
I know a leetle about photography. DirkGently May 2014 #6
I will volunteer to be the first test case. librechik May 2014 #5
Does this mean that every portrait photographer who takes high-key Nay May 2014 #7
The arrangement and intensity of lights causes the platform to disappear FarCenter May 2014 #8
Kick because I hope there are DU'ers who can explain how Amazon could Get a Patent for this? KoKo May 2014 #9
In reality they shouldn't have been able to get one jmowreader May 2014 #17
only thing that would make this better is if the doodle had been done on an actual napkin arely staircase May 2014 #10
the comments on CNet tammywammy May 2014 #11
Okay...thanks for that explanation. I'm not qualified to understand the difference..but, KoKo May 2014 #13
Yeah, I have no idea about photography, but assumed it wasn't a simple patent. tammywammy May 2014 #15
So this means these tools used like since moses nadinbrzezinski May 2014 #12
See the post above yours... Apparently it's something so creative that it required a patent... KoKo May 2014 #14
No, read this thread. nt Demo_Chris May 2014 #16
Patent Trolling is a "Process" ThoughtCriminal May 2014 #18
 

NYC_SKP

(68,644 posts)
1. I think the USPTO has ceased to be relevant, lost it's way, become just a tool of the rich.
Mon May 12, 2014, 03:24 PM
May 2014

With a background in industrial design, I have an interest in the whole history and purpose of patents and even have patented inventions, thought they are held by a former employer.

In any event, the patent system had a simple dual and reciprocal mission: We'll grant you protection if you fully divulge your idea so that others might build upon it.

That's pretty simple. Other agencies have similar missions, the FDA and USDA, to protect the citizens while also promoting the industries they oversee.

Well, guess what? Just like the FDA and USDA, the little guy or gal is getting the shaft from yet another agency, the USPTO.

I would just as soon lose all protections for intellectual property.

Reading Larry Lessig's book, Free Culture, changed me.

It's free to download, not surprisingly!

http://www.free-culture.cc/

KoKo

(84,711 posts)
3. I was hoping one of our DU Photographers would weigh in on this.
Mon May 12, 2014, 04:38 PM
May 2014

The article didn't explain in a way I could understand how this could possibly be patented. Maybe it's some tech thing that they are talking about?

People have been photographing on a white background forever. So...it makes no sense. But, then that is what the article is maybe pointing out. "It makes no sense."

DirkGently

(12,151 posts)
6. I know a leetle about photography.
Mon May 12, 2014, 04:45 PM
May 2014

Don't see anything remotely unique to pointing lights at something in front of a white background.


Weird.

Nay

(12,051 posts)
7. Does this mean that every portrait photographer who takes high-key
Mon May 12, 2014, 05:55 PM
May 2014

photos of clients now must pay Amazon??? What about every photo how-to book that shows budding photographers how to do high-key portraits and high-key product shots?

So, so insane....

 

FarCenter

(19,429 posts)
8. The arrangement and intensity of lights causes the platform to disappear
Mon May 12, 2014, 06:11 PM
May 2014

According to the patent, the positions of the lights 115, 117, 119, and 121, as well as their combined 10:3 intensity versus light 107 illuminate the platform 101 in such a way that it appears seamlessly white with the background. Thus, the object 104 appears to be floating in space without having to edit the image.

KoKo

(84,711 posts)
9. Kick because I hope there are DU'ers who can explain how Amazon could Get a Patent for this?
Mon May 12, 2014, 09:04 PM
May 2014

Tech Folks/Photographers....Anyone here on DU use this process and now you will have to pay Amazon because of this ruling?

jmowreader

(50,557 posts)
17. In reality they shouldn't have been able to get one
Mon May 12, 2014, 10:07 PM
May 2014

I'm not worried about it, though; it is so narrow in scope it'll be easy to get around without infringing. Shooting with flash or HMI lighting is enough to invalidate the patent all by itself because the patent calls for 3200k tungsten lamps - and in specific, and massive, sizes.

arely staircase

(12,482 posts)
10. only thing that would make this better is if the doodle had been done on an actual napkin
Mon May 12, 2014, 09:08 PM
May 2014

love the stick figure person, though.

tammywammy

(26,582 posts)
11. the comments on CNet
Mon May 12, 2014, 09:20 PM
May 2014
aj37 May 11, 2014
I wonder how many of the people complaining have read the actual Amazon patent. I just did, and I'm impressed. They're not simply trying to patent the general idea of shooting against a blown-out white background: the patent describes a very detailed arrangement of elements that include a cyclorama, a raised platform covered with a specific type of material, an on-axis main light at a specific angle and position, four different background lights at specific angles and locations, two light shields, and a capture device at a specified angle, position, and focal length. They even specify typical wattage ratings for the various lights.

Most of the blow-away techniques that people use, including the ones I use, require some after-the-fact cleanup; Amazon's patent claim is that their specific arrangement produces pure white backgrounds (or backgrounds of any desired color) that require no post-production whatsoever. If that's true, it's a really useful improvement and would merit patent protection.

The patent document includes three pages of diagrams keyed to specific features of the arrangement. If somebody has a book from the '50s that includes exactly the same diagrams, I'd like to see a link or a reproduction.

http://www.cnet.com/news/photographers-howl-at-amazon-patent-of-decades-old-idea/[divclass="excerpt"]

KoKo

(84,711 posts)
13. Okay...thanks for that explanation. I'm not qualified to understand the difference..but,
Mon May 12, 2014, 09:30 PM
May 2014

other people see it as a "true innovation." So... I guess it might be.

Thanks for the reply here...because it's good to try to understand where US Patent Office might have been coming from.

tammywammy

(26,582 posts)
15. Yeah, I have no idea about photography, but assumed it wasn't a simple patent.
Mon May 12, 2014, 09:37 PM
May 2014

I have found when people freak out over something like this it isn't quite what they think it is.

 

nadinbrzezinski

(154,021 posts)
12. So this means these tools used like since moses
Mon May 12, 2014, 09:25 PM
May 2014

are going away?

Lamp
White box
Reflector?

Or we will have to pay Amazon a fee every time we use them?

KoKo

(84,711 posts)
14. See the post above yours... Apparently it's something so creative that it required a patent...
Mon May 12, 2014, 09:33 PM
May 2014

from a CNET discussion.

But, I do understand what you say. It's hard to understand for those of us who are novice photographers why this required a patent for Amazon. What are they going to use it for and claim rights that no one else can.

But, maybe it is a true technological wonder that only they discovered and so those who want to use it will now have to pay them. Must be big if they fought to get that patent.

ThoughtCriminal

(14,047 posts)
18. Patent Trolling is a "Process"
Mon May 12, 2014, 10:41 PM
May 2014

Can somebody just patent the "Process" and go after patent trolls.

As for the specifics for Amazon's patent (light placement, platform, background), these is really just setting values on methods that go back a long way. I'm at a loss to find anything original.

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