Old thread but interesting nonetheless. Personally, I am of the belief that (you may have heard this), there are no new ideas. Everything new is simply something old rehashed, repackaged, glossed over. Something is “new” when someone has gone to lengths to convince someone else that it’s new and ta-da, it’s copyrighted! Now, this isn’t the same as taking a pic and having someone else claim it as their own. We all know that’s wrong and would not do so, other than the people with no morals who do so. Imitating or taking pics “in similar circumstances or that look similar” is not theft or plagiarism. There have been cases where some people have been able to convince others that their pic is sooooo unique that any other pic that’s remotely similar is forbidden. Please. I know I wouldn’t be too pleased if someone took a pic that was exactly like one of mine that makes money, thus cutting into my income but pics of similar circumstances or elements?
As a wedding photographer, not only I but most any potential bride has and can see that all photographers in my area (plenty of us) have similar shots at some point. Are we all suing each other for theft? No. Sooner or later, in the same venue, park, church, street and so on, we will end up taking similar shots. Our portfolios and styles differ but at some point, some photos will be similar in pose, lighting and location. Got a unique idea for a shot? Guess what? So did someone else and lo and behold, it happened to be quite similar. That doesn’t make it actionable. I guess if you have enough money and can convince people that it somehow “belongs” to you, you could and that’s unfortunate.
The OP might want to cruise the internet. I would not be surprised at all if you find thousands of women with red hair, googly glasses and green lipstick. They aren’t your pics though.