IShootEverything Loc: TN

Person 1 said he wants a specific shot. Person 2 trys to get the shot. But 1 doesn't like it. So 2 said to me: here, why don't you get down there and see if you can get the shot. So 2 hands me her camera and I get down and take 3 shots. 1 loves one shot and says thats the shot he wants for his website.

So who's picture is it??

I had my camera with me but 2 wanted me to use her camera and now I know why. She won't let me do anything with the picture or even have the RAW original. This will never happen again as I will use MY camera next time. Now she has TMed it and is selling the photo.

I want to know everyone's thoughts
Thanks.

IShootEverything Loc: TN

I wouldn't care except the shot is my kind of photography. It gives a different perspective. It's the second once in a life time photo I screwed up.

Sherman A1 Loc: St. Louis, MO

Interesting situation to which I have no real answer, beyond why not return to the location and do your own with your own camera. If it is a landscape setting, you most likely would be able to do so.

IShootEverything Loc: TN

I can't, as I said it was once in a life time. The picture is of a steelhead fish being held by 1 just above the water. In the water you can see the mountains of the salmon river and the sky that after noon was a beautiful deep gold. First of all it was shot on a boat, and not just anyone can take a boat out on the salmon river. Second odds are slim I will ever get a chance to get that shot again, and here is why. Odds of me ever going on a fishing trip like that again is very slim. Odds of catching a steelhead fish again is, slim because they are few and far between. Some people go their whole life and never catch one. Odds of being on the salmon river when the water is gold from the sky is , very very slim.
That said, thank you for your thoughts.

IShootEverything Loc: TN

I can't, as I said it was once in a life time. The picture is of a steelhead fish being held by 1 just above the water. In the water you can see the mountains of the salmon river and the sky that after noon was a beautiful deep gold. First of all it was shot on a boat, and not just anyone can take a boat out on the salmon river. Second odds are slim I will ever get a chance to get that shot again, and here is why. Odds of me ever going on a fishing trip like that again is very slim. Odds of catching a steelhead fish again is, slim because they are few and far between. Some people go their whole life and never catch one. Odds of being on the salmon river when the water is gold from the sky is , very very slim.
That said, thank you for your thoughts.

IShootEverything Loc: TN

I can't, as I said it was once in a life time. The picture is of a steelhead fish being held by 1 just above the water. In the water you can see the mountains of the salmon river and the sky that after noon was a beautiful deep gold. First of all it was shot on a boat, and not just anyone can take a boat out on the salmon river. Second odds are slim I will ever get a chance to get that shot again, and here is why. Odds of me ever going on a fishing trip like that again is very slim. Odds of catching a steelhead fish again is, slim because they are few and far between. Some people go their whole life and never catch one. Odds of being on the salmon river when the water is gold from the sky is , very very slim.
That said, thank you for your thoughts.

IShootEverything Loc: TN

Why did it post three times?

BHC Loc: Strawberry Valley, JF, USA

J-j-j-j-j-jit-t-t-t-tery Fing-g-g-g-gers!

Searcher Loc: Kent, England

I was in a tourist spot and was asked by a couple to take their photograph against the backdrop of a monument. They gave me their camera to do this with.

I snapped the photo and returned the camera to them. They said Thank You and went on their way.

It is the same scenario as you have described; could I have then said that I want royalties because I snapped the image?

There is no court in the world that would award me damages, I was commissioned to operate the camera and take the shot on their behalf.

What should have happened is that you would have had your camera ready, took the shot for yourself and then do the honours for your friend, but things don't always work that way.

BHC Loc: Strawberry Valley, JF, USA

You state that you took the photos in a manner that pleased the subject. You obviously changed something from the camera owner's original setting. You were not her employee or agent. You applied your own settings (even if it was merely a change in composition, even though your description of the setting indicates that the exposure factors may have been different) and not that of the camera's owner. You pressed the shutter, you took the image, you fixed (that is a legal term to remember) the image on the medium. YOU own the copyright to that picture and she, by refusing to allow you access to the original image has stolen it from you. If you think the picture has any value, contact her (with a third party on the line) and ask for the original file. If she admits you took it, you have her. She cannot (under penalty of perjury) deny in court that you "fixed" the image. In does not matter that she owns the camera and card; you hold the copyright. Depending on the value of the photo, you may want to take her to court, which will instruct her to turn over the RAW file (unaltered) to you. You will then IMMEDIATELY register the image with the copyright office. You may, in your largesse, grant her permission to use a copy or X number of copies for her own personal private non-commercial use. Personally, even if the picture was worthless, get her to admit, with a witness present (that's what speaker phones are for) that you took the picture. Then contact her later, remind her of her admission and request the image or threaten suit. If you don't want to follow through, that's OK. If she later sells the picture for a high roller value, you can still take her to court for possessing property to which she has no legal right. If nothing else, it will still scare the ΗΕΓΓ out of her. Of course I'd do it simply because, every once in a while, I like to be a total Λ$$ΗθΓΕ.

Billyspad Loc: The Philippines

Great idea for making lawyers rich!!!
What goes around comes around. It sounds like a one off that's unlikely to happen again. Seriously how much cash is gonna be made out of one image. Do you really crave and need the glory of having your name on the image?
Walk away and choose your companions more carefully.
Not worth getting ya boxers in a twist for.

Gene51 Loc: Yonkers, NY, now in LSD (LowerSlowerDelaware)

Unless you received compensation for taking the picture from either party, you own the copyright.

This might be helpful:

http://www.photoattorney.com/qa-who-owns-the-copyright/

jerryc41 Loc: Catskill Mts of NY

Right. A tripod and built-in timer could have done your job, but they wouldn't own the image.

Searcher Loc: Kent, England

But in the real world, the OP is never going to recover anything from this.

What is right and what is wrong goes down the drain where lawyers are concerned, it's all down to possession, that being 9/10ths of any law.

The OP would be out of pocket the moment he approached a lawyer, and as he does not have any originals in his possession, would be hard pushed to prove he owned the photograph. Just not worth pursuing.

jerryc41 Loc: Catskill Mts of NY

As they say, selling your equipment is the only sure-fire way to make money from photography. I'd be flattered to see one of my pictures used somewhere.