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Thread started 18 Dec 2008 (Thursday) 06:31
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Who's photo is it?

 
DealsGapCobra
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Dec 18, 2008 06:31 |  #1

I have a question. We all know that if someone takes a photo (and there is no other legal agreement) they "own" that photo. So, here is my question. What if person "A" sets up the camera on a tripod, frames the photo, adjusts the camera, sets the lighting, poses the model etc. but person "B" pushes the button? Who took the photograph?

Now before you question why I would ask here is my reason. I have been thinking about doing a self portrait (this is important) that will involve setting some very focused lights (flash), trial and error and a motionless model. To pull this off it would be much easier if someone else could push the button and say "the light is a bit too low" so I can adjust it and they can push the button again.

It may be possible to do it myself but it just made me think about the question.

Who's photograph is it?


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neilwood32
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Dec 18, 2008 06:35 |  #2

Its been dealt with before on POTN (i cant find the thread) but the answer is the person who "created" the image. In this case it would be yourself even if someone else hit the shutter button.


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DealsGapCobra
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Dec 18, 2008 07:03 as a reply to  @ neilwood32's post |  #3

Neil, thanks for the quick reply.

I figured it was probably discussed but couldn't figure out how to do an appropriate search.


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jrm27
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Dec 18, 2008 11:13 |  #4

Isn't there some fella on POTN who is working on voice recognition software for just this type of scenario? You can set up the lighting and take the picture yourself.


http://www.flickr.com/​photos/jrmelot/ (external link)

  
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charlesu
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Dec 18, 2008 12:25 |  #5

who owns the camera and lens and media?


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JoYork
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Dec 18, 2008 14:40 |  #6

If I take photographs in work time, do they own the images but I own the copyright?


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babuszka
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Dec 18, 2008 14:43 |  #7

I'm glad someone asked this - I've been wondering that for a while.



  
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René ­ Damkot
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Dec 18, 2008 15:25 |  #8

JoYork wrote in post #6903908 (external link)
If I take photographs in work time, do they own the images but I own the copyright?

Depends on how your "work" relation is described.
If I'm working on a pay roll, then they own the copyright, if I work free lance, I do.

Answer to the OP's question: A. (generally speaking)

OTOH: If *they* say "the light is a bit too low", *they* make the decisions ;)


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macroshooter1970
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Dec 18, 2008 15:30 |  #9

jrm27 wrote in post #6902801 (external link)
Isn't there some fella on POTN who is working on voice recognition software for just this type of scenario? You can set up the lighting and take the picture yourself.

yep
https://photography-on-the.net …90&highlight=vo​ice&page=5

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aebrown
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Dec 18, 2008 15:32 |  #10

I thought whoever pushed the shutter button owned the image? And it didn't matter who owns the equipment, am i wrong?

Eg, if a friend snatches my camera, takes some pictures, they legally own the rights to the picture, correct?


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FlyingPhotog
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Dec 18, 2008 15:35 |  #11

aebrown wrote in post #6904231 (external link)
I thought whoever pushed the shutter button owned the image? And it didn't matter who owns the equipment, am i wrong?

Eg, if a friend snatches my camera, takes some pictures, they legally own the rights to the picture, correct?

I think the difference is that in the OPs example, "A" did all the "set up" and created what the image would be, only asking "B" to push the button.

In your example, your friend totally created everything from concept (he saw what he wanted to shoot) to capture.


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neilwood32
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Dec 18, 2008 18:49 |  #12

AFAIK it is the person who makes the creative desicion who owns the image irrespective of who owns the camera although if the camera had been stolen or used without the owners permission i think that would present a legal nightmare.

If they make creative input on the lighting, then i think the copyright would be joint owned as neither of you made all the creative choices.


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neumanns
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Dec 18, 2008 19:10 |  #13

How about If I ask my son to hand me the camera and he accidenty trips the shutter while doing so. After downloading the photo I realize it is a perfect headshot of myself to launch my international modeling and acting career. Can I sign the rights over to myself since he is a minor and I am his guardian?

If I do sign the copyright over to myself do I still need a model release to distribute the photo as a promotinal piece?

I become succesful and overdose on viagra can my son claim the copyright back upon gaining his status as an adult to be able to keep the royalties to himself so his siblings cannot divy up the profits as part of the estate? (after all he's the one that launched my career)

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I didn't mean to hyjack your thread, I just couldn't resist. I realize your seaking an answer to a legitimate question.


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DealsGapCobra
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Dec 18, 2008 19:11 as a reply to  @ neilwood32's post |  #14

So it seems like its not the manipulation of the camera but the creative decisions. Makes sense. Thanks for the help.


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