Upload & Sell: Off
If I go out and shoot the exact same image that another photographer did - it is a copyright infringement. Things like this happen even by accident...lets say a particular view of the New York city skyline for example. Recently, someone here on FM tried to do a version of fire and ice like I had done a while back. I've had people ask my how I lit it, and drawn them diagrams so they can shoot their own version. I didn't consider it anything other than a compliment. Besides, there is precious few things that are truly new or original in this world. Many bobber shots exist that I have never even seen...as do fire and ice images. I try and learn from anyone I can - pro or talented amateur is irrelevant to me.
To address the "copy the image set up"...If I critic my own image the differences are these...Bobber position relative to the water, angle of view is higher, three light sources versus one, less negative space...but, it is a variation on a theme that I admired in Mike's version/composition, and I admitted it openly. I did something like this about a year ago one of Dave Nitsche's images, and also said so up front.
My intent is pay them a compliment, but if it is seen as stealing an idea - then I will remove the image. You guys let me know - I have til midnight to pull it down.