If I take a picture with someone else's camera - who "owns" the picture?
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M$4 Answers
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M$You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$- You take a work-related picture with your employers' camera during working hours. Most likely a court would find the picture belongs to your employer, unless there is some compelling reason why not.
- A friend hands you their camera and says: "Please take a picture of me with my wife". Most likely there is an implicit agreement that you are taking the picture for them, and it's their property.
- You say to your boss: "Joe, you've got a really great camera. Mind if I borrow it for the weekend to take some pictures of my niece's wedding?" If he agrees, most likely it will be held that the the deal is that any wedding pictures you take will be yours, not Joe's.
Here's some references, but they won't be very helpful as they are mostly about pro photographers, and issues they might have with employers or clients.
http://board.photosource.com/read.php?1,9103
http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/8122-JC-Coyright-and-Photographs.txt
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
This is a good argument. I would have said the person who owns the camera until I read your answer
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."
@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.