this is pathetic. These art directors/"creatives" are the biggest rip off artists around. they make me sick.
CJC makes a great point.

My understanding though is that you cannot copyright an idea (concept). So regardless of copyright or watermark or whatever, anyone is free to re-shoot a similar image. Kinda sux.

You can't copyright a concept. This is not a concept that was re-created though... the concept was realized and that is what was copied. Once the concept was realized (i.e. Jamie Nelson took the photo) then it became protected by copyright infringement.

However, according to "The Law (in plain english) for Photographers":
"The copyright owner must prove that the infringer had access to the protected work. An independent creation of an identical work is not an infringement."

So, I'm sure it would be tough for Jamie to prove they had access to his original image... but we all know they didn't just happen to come up with that EXACT idea.

This is no mere concept ripoff!

They copied all but the fingernails! The copycat group used a new model, a slightly different hammer, skewed the background and painted the fingernails yellow-- a nice touch by the way.

All the colors and elements are otherwise the same, down to the angle of the face, the weird hair and the textured background.Seems like it would be a no-brainer to any judge.

While it is a sort of a compliment to Nelson's creative talent as an artist & photographer, it is also a statement of ethical ignorance on the part of the copycats.

I'm not a lawsuit monger, but if Nelson sues them, I'd cheer. If this group of "artists" should not be allowed to skirt repercussions on this one!