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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 05 Mar 2014 (Wednesday) 18:10
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Diane Sawyer is wrong!

 
Gomar
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Mar 05, 2014 18:10 |  #1

Diane Sawyer is wrong!

She just said on ABC News that because Bradley Cooper took that
Twitter photo on the Oscars he is the copyright holder. Wrong!

The device belonged to Ellen, not Mr.Cooper; she only asked him to take it as
he was at the right spot and he had long arms. In fact, at first she asked
someone else to take it, but then gave the phone to Mr.Cooper instead.

Now, suppose I go to some spot on vacation, say Grand Canyon, NYC, Vegas,
Paris, or whatever, and I ask someone to take photos of me with _my_ camera.
According to what was said, the stranger owns the shot... and thereby has the
right at anytime in the future to ban me from using it, posting it, showing it, and
even demand I delete it.
Got it.

Thus, say my wife snaps shots of me with me grandpa who passes away 2 months later, then we get divorced, she has the right to demand I delete all shots and trash all the prints?! ok.




  
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Mar 05, 2014 18:15 |  #2

From what I've been led to believe, the person who actually pushes the shutter is the legal owner of the copyright.


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KirkS518
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Mar 05, 2014 18:15 |  #3

Because you own the paintbrush, doesn't mean you own the copyright.

Diane Sawyer is correct in her statement. The person that clicked the shutter, stroked the brush, carved the stone, is the owner of the copyright, not the owner of the materials used (although typically they are one in the same, but not always).


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Mar 05, 2014 18:20 |  #4

Yep the person that takes the photo owns it .




  
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umphotography
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Mar 05, 2014 18:24 as a reply to  @ KirkS518's post |  #5

Diane Sawyer is 1000% correct

Except:p

Im be-tin it was completely staged and the academy awards actually owns the whole Tamale. Unless Bradly Cooper never intends to get one of those little golden statues :lol:

I read it was donated and all proceeds are going to charity.


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Perfectly ­ Frank
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Mar 05, 2014 18:41 as a reply to  @ umphotography's post |  #6

Can the pizza delivery guy use his image at the Oscars for advertising purposes? To promote his pizza store (which he owns) ?


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Sorarse
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Mar 05, 2014 18:48 |  #7

My understanding of copyright was that the photographer was the owner unless he/she had been commissioned to produce the work by and for someone else. Could there not be an argument that Cooper was 'commissioned' by Ellen to take the photo?


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pwm2
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Mar 05, 2014 18:49 |  #8

Thorrulz wrote in post #16737296 (external link)
From what I've been led to believe, the person who actually pushes the shutter is the legal owner of the copyright.

Depends.

You could see it as "work for hire" but with zero money transfer, when you hand over the camera.

There are always multiple ways to see things, and a court would probably have a hard time to actually decide which view is best matching the current laws.


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xchangx
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Mar 05, 2014 19:33 |  #9

Unless something was signed that assigned copyright to someone else, whoever pushed the shutter owns the copyright.
See the link below. Copyright is credited to Usain Bolt.
http://www.nphotomag.c​om …ikon-and-hes-pretty-good/ (external link)


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Mar 05, 2014 20:27 |  #10

I really have issues with the overly simplistic line of "Whoever pushed the button owns the copyright".

How exactly does one define this 'button'?

I've worked with building custom imaging gear before and could probably build a rather decent medium format camera for commercial sale if I had access to a little more ready capital and the desire to get into that business. If I design my cameras to not have a traditional shutter button, but rather a continuous shutter function that I personally trip myself before shipping them, and then a spring loaded interrupter circuit in place of the traditional shutter release that would pause the continuous shutter...

Would I then own copyright to every single image taken with any of 'my' cameras? After all, you don't press the shutter button, only I know how to do that, and all you do is disable my shutter pause circuit so the camera continues taking photos.


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Mar 05, 2014 21:09 |  #11

because most of us don't live in a fantasy world.....

whoever takes the photo is the copyright holder.

regardless of whose camera it is, if you take the photo, you own the photo.

Luckless wrote in post #16737589 (external link)
I really have issues with the overly simplistic line of "Whoever pushed the button owns the copyright".

How exactly does one define this 'button'?

I've worked with building custom imaging gear before and could probably build a rather decent medium format camera for commercial sale if I had access to a little more ready capital and the desire to get into that business. If I design my cameras to not have a traditional shutter button, but rather a continuous shutter function that I personally trip myself before shipping them, and then a spring loaded interrupter circuit in place of the traditional shutter release that would pause the continuous shutter...

Would I then own copyright to every single image taken with any of 'my' cameras? After all, you don't press the shutter button, only I know how to do that, and all you do is disable my shutter pause circuit so the camera continues taking photos.


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Mar 06, 2014 01:17 |  #12

Gomar wrote in post #16737287 (external link)
Diane Sawyer is wrong!

No, Diane was not wrong.

Why did you think that Bradley Cooper was not the copyright holder? Was this thought of yours based on actual knowledge of U.S. copyright law, or was it just based on what seems to make sense to you?

It is common knowledge among photographers that the person that is holding the camera and pushes the shutter button is the copyright holder (unless it is produced as a work for hire).


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Mar 06, 2014 01:38 |  #13

DisrupTer911 wrote in post #16737671 (external link)
because most of us don't live in a fantasy world.....

whoever takes the photo is the copyright holder.

regardless of whose camera it is, if you take the photo, you own the photo.

You are totally forgetting the concept of employed people when you go "whoever takes the photo".

You think a designer at a car company owns the copyright to the new car?

Have you seen the staff photographer at a newspaper free to sell the photos to anyone interested?


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Mar 06, 2014 02:11 as a reply to  @ pwm2's post |  #14

If the person asked someone to take the photo and handed them the phone would they be able to claim Co-authorship as they supplied the equipment as well as the idea?




  
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Mar 06, 2014 06:53 |  #15

I'm with umphoto, l'll bet the acadamy owns the photo, it was their gig and I'll bet they retained all rights to any photos.


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