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3 years, 2 months ago

If I take a picture with someone else's camera - who "owns" the picture?

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mac5150 | 3 years, 2 months ago
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I would think that it's you because it's your creation. If I wrote a song on a friends guitar or wrote a poem using their computer, it's still my creation; therefore, I would own it. A camera, like the items above, is a tool and what is created with that tool is yours. I would think that they only thing you would owe is a fee for using the said equipment. Of course, consulting a lawyer that is an expert in property and intellectual rights would be the best place to get an "expert" opinion.

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morriss003 | 3 years, 2 months ago Report

This is a good argument. I would have said the person who owns the camera until I read your answer

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lawstudent | 3 years, 1 month ago Report

The answer depends on the photographer's status. According the the U.S. Copyright Office, "A “work made for hire” is a work prepared by an employee within the scope of his or her employment, or a work specially ordered or commissioned for certain uses (including use as a contribution to a collective work), if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. The employer is the author of a work made for hire."

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philipy | 3 years, 1 month ago Report

@lawstudent...

What if there was no written agreement but a verbal one? And what if there was no explicit agreement, but a reasonable assumption of what people intended?

Take a look at my answer to the question, I'd like to know your thoughts on it.

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hannes | 3 years, 2 months ago
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Interesting question. The camera is certainly just a tool but then again if you hadn't had access to the camera the photo would never been created. I think it depends on if there was an agreement - if the owner gave you permission to use it or if the camera just lay there and you grabbed it (e.g. at a party). It might also be a little different if it's a film camera instead of a digital one - if the owner spends his time and money to have the film developed he definitely has some claim to the ownership of the photo - you would at least have to pay him for the development cost before you can say the photo is completely yours.

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philipy | 3 years, 2 months ago
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I suspect it would depend on what the implicit or explciit "contract" was when they agreed to allow you to use their camera. Some examples:

- You take a work-related picture with your employers' camera during working hours. Most likely a court would find the picture belongs to your employer, unless there is some compelling reason why not.

- A friend hands you their camera and says: "Please take a picture of me with my wife". Most likely there is an implicit agreement that you are taking the picture for them, and it's their property.

- You say to your boss: "Joe, you've got a really great camera. Mind if I borrow it for the weekend to take some pictures of my niece's wedding?" If he agrees, most likely it will be held that the the deal is that any wedding pictures you take will be yours, not Joe's.

Here's some references, but they won't be very helpful as they are mostly about pro photographers, and issues they might have with employers or clients.

http://board.photosource.com/read.php?1,9103

http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/8122-JC-Coyright-and-Photographs.txt

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albanian | 3 years, 2 months ago
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I agree with this answer; but, in the case of a dispute with ill-feeling, you might remember the old saw "possession is 9/10ths of the law". But how about if you take a picture of someone with their own camera? That happens all the time, but what if such a shot became valuable for some reason? I wonder what actual case law would say?

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albanian | 3 years, 2 months ago Report

this was supposed to be a comment on mac's answer. oops.

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