paulrph1 Loc: Washington, Utah

I have seen questions similar to this one asked but not exactly this one. So I need some advice. The other day while feeding the chickens I decided that a photo opt would be good and I did not take the photos myself but gave my camera to my daughter to take and she did such a bang up job that a couple I thought I could enter into the county fair. So I do not know whether to enter them in my name or hers. She used my camera for the shoot which I gave to her because I did not want to hop the fence. I gave her instructions on some of the photos to get better pictures but did not snap the shutter. I programed the camera and the flash but so who owns the pictures.
If I do not own the copy-write if on vacation I lend my camera to take pictures of me and my wife and I ask some one else to take the picture it is theirs or mine.

lightcatcher Loc: Farmington, NM (4 corners)

Who is the photographer the one that takes the picture ,eye and composition or the one who owns the equipment with some preset settings. It's a team effort nothing with out the other. Give the credit to your daughter, be dad proud, may be she will go along way with the interest in photography.

JohnSwanda Loc: San Francisco

If you are entering it in a competition, I would credit it to your daughter - she took the photo. As far as giving someone your camera to take a photo of you and your wife, I can't imagine how copyright (not copywrite) would even be an issue.

paulrph1 Loc: Washington, Utah

I figured I would however, but what about the second part of the question?

lightcatcher Loc: Farmington, NM (4 corners)

Answer with a question. How are they going to present evidence and proof without an image :?:

jfn007 Loc: Close to the middle of nowhere.

I'd give the credit to your daughter. Maybe she will become interested in becoming a photographer and she can sell her copyrighted photos and pay her way though college.

rook2c4 Loc: Philadelphia, PA USA

Technically, it is the person who triggers the shutter who holds the copyright.

Although you may have set up the camera and gave instructions, your daughter still chose the precise moment to release the shutter. And photography is firstmost about capturing a specific moment. Or time interval, to be more accurate.

Imagine if a leprechaun had darted out in front of the camera while the shutter button was pressed. Although the choice of exposure, white balance, etc. was yours, your daughter's action of selecting the moment was the primary key to capturing the elusive leprechaun image.

Leicaflex Loc: Cymru

Credit and copyright goes to your daughter.

paulrph1 Loc: Washington, Utah

This is meant to be a legal question and not a moral or ethical one which some of the answers seem to imply. Thank you and I can see your point.
Question #2 is if at a family reunion and you have a picture taken of the group and you have your camera set upon a tripod and and someone volunteers to take the picture or all they do is press the shutter does the work become theirs or they person who designed the photograph. All that they did was press the shutter nothing more and then it technically becomes theirs?

LFingar Loc: Claverack, NY

The camera manufacturer! After all, they made the camera that took the photos. Then there is possibly the sensor manufacturer, the data card manufacturer........! Don't forget, that as her parent you are responsible for her existence so of course the credit is yours! But wait, your parents are responsible for your existence........ Just kidding, of course, but I think you get the point. I believe that legally the copyright belongs to the photographer. Her in this case. I believe that even when someone is employed by and using their employer's equipment to photograph they retain copyright unless there is an agreement stating otherwise.
The 2nd part of your question may seem silly on the surface, but it does raise an interesting possibility. Almost certainly it is not an issue and probably never has been, BUT, suppose I take your picture, and have witnesses to that? In the background, unseen until you get home and review it, is Bigfoot, or ET, or Jimmy Hoffa! The photo goes global and I want a piece of that! I believe I would have a very good case. Otherwise, look in the mirror. How likely is it that anyone would fight you in court for a picture of you? :-D :-D

paulrph1 Loc: Washington, Utah

Not too likely but I have seen in one case where a person wants to take hold of the family and use it for personal gain and monies that would be entitled to the rightful person. Just saying. I am a family oriented person and most of the people I know are also but there is always one bad seed that would do such a thing. Family history books have been written and others thought they were entitled just because. So they try to undermine the situation for their own greed.

jcboy3

An excellent technical argument. Especially the part about the leprechaun. I've wondered about that situation for many years.

mdsiamese Loc: Maryland

So the thing that is missing from the thought process is that no matter who owns the copyright the instant the photo is taken, the owner can give the copyright to someone else. Copyright can be given or sold remember.

From a creative standpoint, for a contest, different rules may apply to determine who is the owner of the entry. It is certainly possible to have a contest where there are submissions where the owner of the photo had assistants. For a county fair, I think they would consider the daughter to be the creator of the photo and it should be her name entered. But there might be other contests where it would be acceptable to enter the photo under the name of the parent that instructed the daughter.

In the family photo instance where someone presses the shutter, they might be the creator of the photo at that instant, but unless they rip the photo out of the camera right then, or make some formal claim to it, they give up their copyright claim when they release control of the camera back to the owner of the camera. When you are on vacation and ask someone to take a picture with your camera of you in front of the Grand Canyon, there is an implied contract that they are not going to be the owner of that photo, that it's your photo as soon as they are done pushing the shutter.

However, for a contest, consider the purpose of the contest and what they are really judging, and then determine whether to enter the photo on yours or your daughter's name.

Mac Loc: Pittsburgh, Philadelphia now Hernando Co. Fl.

A few months back a photographer in the wild had his camera picked up by a chimp or gorilla (I forget what) that took some "selfies". There was discussion about who owned the copyright. I believe it was decided that the animal owned the copyright because it was the photographer.

http://www.cbsnews.com/news/monkey-selfie-ignites-a-copyright-dispute/

wilsondl2 Loc: Lincoln, Nebraska

I think who ever has the best lawyer. - Dave