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Who owns a photo?
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Dec 22, 2014 13:32:41   #
Zone-System-Grandpa Loc: Springfield, Ohio
 
billwassmann wrote:
It appears to me that you own the rights to the picture. The camera is only an instrument. 2 didn't take the photo, you did, it was done with your creativity or skill,or whatever you wish to call it. Of course, this is academic because it would cost you a fortune to sue and there's no guarantee about winning.


+++++++++++++++++++++++++++++++++++++

Are you certain that you really mean that which you've just posted ?

Let's suppose:

You and your best friend are out on a golf course golfing. Suddenly, your best friend falls whereby he can no longer ambulate. His fall is serious enough whereby a decision has been made to dial #911 asking for an ambulance to take your best friend to the hospital to be checked out. Once the ambulance arrives, your best friend is loaded up into the ambulance and he is soon to be on his way to the hospital's emergency room. Before your friend leaves, he says for you to take his car and drive it back to your home once that you complete all 18 holes of your golf game and that his wife will drop by your home later on with their son so that you friend's wife can drive their car back to their home.. Once your friend has departed in the ambulance, you discover that he had forgotten to give you the keys to his car. Meanwhile, while you are out on the 8th hole golfing, you get thirsty and you would like to rush to the golf course's golf pro shop to purchase a couple of bottles of iced down water.. Not wanting to walk all the way to the golf pro shop, a nearby golfer, also a friend of yours from your workplace, hears of your need and he offers his golf cart to you so that you can rush and get your water. Then, when you reach into your hip pocket, you discover that your best friend had been safely keeping your spending money in his gym bag and he had taken it with him to the hospital.. Then, the friend from work says to you, "Here is $10, take it with you and you can pay me back later when I see you at work." You gracefully accept and, then, while you are at the golf pro shop, you decide to purchase a couple of instant winning rub off lottery tickets by using the left over money that the cashier had given you after you had purchased your water.. Then, wanting to get the golf cart back to it's owner, you wait to rub off the opaque wax to expose your lottery numbers once that you have returned the golf cart. Once that you return the gold cart to it's owner, while he is standing next to you while you are rubbing off the opaque wax to see your lottery numbers, it is revealed to you that you have just won $100,000.00.. Then, the golf cart owner says to you that you owe him $50,000 which is 1/2 of your winnings. Do you equally share with him 1/2 of your 100K winnings or are the winnings all yours ? After all, you were loaned the $10 and loaned money is your money and your only obligation to your work friend, is to say thank you to him and to repay the $10 to him once that you return to work ~ which, by the way, is what you and he had agreed upon ! Not only that, but it was your idea to purchase the lottery tickets, not his ! He had nothing to do with your decision to purchase the lottery tickets !!!

Now, I ask you, do you remain to stick to your philosophy about the fellow who had taken the photo for the woman ~ whereby you have said that the photo belongs to him ~ or does the photo really belong to the lady who owns the camera ? Eh ? :wink:

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Dec 22, 2014 13:43:17   #
Ka2azman Loc: Tucson, Az
 
Ishootcanon wrote:
Photos don't belong to fish! There are 2 options, the photo is mine or hers that's it.

Thanks everyone for your thoughts.


With all due respect, there was no contract in deciding who owns the picture. Any legal issues will be nothing but a bottomless pit for the attorney's. The camera does not care who pushes the button and there is no proof of who is behind the camera. In court you'll be out of luck.

As stated earlier, there are many times while vacationing, someone ask's strangers to take their picture. The picture taker can not confiscate the camera or film or this case SD card, just because they acted as a remote control.

Not to belittle you but after all, that is all you were. A complicated personal remote control; and you at the time, took the picture gratis.

With warm nudging, you might be able to get a copy from this person for your use, but not ownership.

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Dec 22, 2014 13:54:01   #
krl48 Loc: NY, PA now SC
 
I don't get it. I just don't get how so many responders here are OK with the fact that the OP's creative work was stolen, and the thief will benefit by receiving $200 and another opportunity for a fishing trip.

A few months ago this discussion section was positively LIT UP when it was discovered that an individual was displaying and marketing images on his website, claiming they were his creative product, when in fact it was easily proven by the photographers whose works were stolen that the work was theirs, not his.

Am I crazy, or is this somehow different in circumstance or degree?

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Dec 22, 2014 14:25:05   #
James R. Kyle Loc: Saint Louis, Missouri (A Suburb of Ferguson)
 
OK We all agree or not.. Legal stuff and Art are two different worlds...

I did a kind little thing for my friend. If I did not wish to have this friend any more I would get a lawyer.

Go in good steps... And My The Light Be With You All.

I am out of here...

Merry Christmas to One and All.

James..

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Dec 22, 2014 15:39:56   #
planepics Loc: St. Louis burbs, but originally Chicago burbs
 
I've had a couple of winning entries in aviation e-pubs, the biggest one was Picture of the Month for the Experimental Aircraft Association (June, 2012), shot at the 2011 Oshkosh convention. I got nothing for the pic except credit for taking it (on the published photo), but that's OK with me for now, since I've never sold any of my pics. They asked me for the original RAW image, re-cropped it (and removed some sensor dust spots), added a calender and copywrited it before publishing. I later met the subject pilot at an airshow at my home airport. He told me he had the pic on his desktop (made me proud) and autographed one of the 2 hard copies I made and I gave him the other. I had it professionally framed and is the pride and joy of my wall. I know there are many on the forum who've had multiple cover shots or feature articles, but for now, I'm happy with one ~12x16 image.

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Dec 22, 2014 17:32:44   #
bogeyeliot Loc: Signal Hill, CA
 
Capture48 wrote:
So the fish is dead, do rights pass to the fish's family? How does one find a fish family? How many plankton would it take to compensate the fish family?

I think I'll stop photographing fish!


Well, the fish's kids will all be easily located......(wait for it)......

They're in SCHOOL 8-)

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Dec 22, 2014 18:28:30   #
redhogbill Loc: antelope, calif
 
bogeyeliot wrote:
Well, the fish's kids will all be easily located......(wait for it)......

They're in SCHOOL 8-)



LOL...cheap jokes are still the best!!!!!!

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Dec 22, 2014 18:58:41   #
photoman022 Loc: Manchester CT USA
 
You are absolutely right! I've offered to take people's photographs while in touristy areas. I got them out of straight lines, etc. I gave them a superior product than they would have done on their own. That's fine with me; when they looked at the results in their lcd screens they were really pleased. These were photos I would never have earned money on, but I willingly (and gladly) do it.

To the OP: you've been burned twice by your own account.
In the words of Gomer Pyle, USMC:
"Fool me once, shame on you.
Fool me twice, shame on me."

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Dec 22, 2014 19:24:51   #
Dick Z. Loc: Downers Grove IL
 
Ishootcanon wrote:
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.


The correct answer would be: share it ;) ;)

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Dec 22, 2014 20:56:42   #
Milt Findley Loc: Southeastern Wisconsin
 
jerryc41 wrote:
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.


Amen, I have quit putting anything on it but the copyright notice. I know who took the picture.

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Dec 22, 2014 21:01:42   #
dragonswing Loc: Pa
 
Ishootcanon wrote:
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.
Person 1 said he wants a specific shot. Person 2 t... (show quote)


Sounds to me like she was being sneaky knowing you could get the shot and now she will want to claim it as her own. I would avoid going anywhere with her again.

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Dec 22, 2014 22:33:24   #
farnsworth52 Loc: W. Pa.
 
If $200.00 and the loss of a friend is causing you this much pain--move on before you need a doctor to fix the hole in your guts. Most everyone has a shot they wish they recieved 6.5mil for. Is the friend worth loosing,then she wasn't a friend just an aquaintance. Next time take and keep the shots with your camera,and refuse to use someone elses camera. If this is your second time then you ain't to smart or this isn't much of a big deal afterall and your just trying to see how much dust you can stir up. Give it up!!

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Dec 23, 2014 02:22:42   #
IShootEverything Loc: TN
 
redhogbill wrote:
you have already received the good info, BUT, I was reading a similar situation here on the UHH{couple months ago} , about a monkey, the handler handed him a camera and he snapped off some photos... then there was a big hurrah about whom owned the copyright, turned out the monkey did...
I thought it was a joke at first, but when you think about it....................

as for the "on vacation" scenario, that is the norm,{snap, its done ,your on your way}
I think that when we get into photography the rules change and we become more concerned about the end product!!
as we should, its what we are doing!!!!
good luck!!

one question!! is this person still your friend??
you have already received the good info, BUT, I wa... (show quote)




Can you post the link for this monkey thing or tell me the topic name? I would like to share it with 2. LoL

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Dec 23, 2014 02:28:59   #
IShootEverything Loc: TN
 
Thanks everyone for your thoughts. She is not really a friend, she is the wife of a very good friend (we will call him "3") . Her husband (3) has said too that he thinks i own the picture BUT 2 is running the show if you know what I mean.

Personally I see it like this. What I did is not like borrowing $10 from a friend, it's more like I used a friends paint brush, would that person say "that's my brush so its my picture". No one would not. But then she isn't really a friend. Now she has "said" she will give me the RAW, weather she will do it or not, I don't know. As far as giving up I think I will. She already has sold it to 1 and has it trade marked and on an Idaho website.

There are two reasons that I want the photo: one as i have said before it's my kind of photography because it gives a unique perspective. And second. I am currently unemployed and am using photography to get me through and currently am selling prints in local shops. so a picture like that would be a source of income and because of where I live it would sell like crazy.

But it doesn't really matter any way. She's got it and I don't. Lesson learned. My only hope is because she is a LOT older than me, so when she has " passed on"(not that I will be happy when she does so) I will (I hope) have the RAW and can sell, use, ect it then. Oh and there Is a little hope because she does a lot of editing her photos look totally different, in lighting, color, contrast, ect, I might be able to use it without her noticing its the same photo. Maybe. But I don't think so. I will not talk to her about it any more unless she brings it up. Then I have a whole 4 (5 but some do not agree with the most of us) pages of people on my and the laws side. Lol

I will post a link to the web site it's on soon.

Thanks again for all your time and thoughts.

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Dec 23, 2014 08:40:49   #
redhogbill Loc: antelope, calif
 
Ishootcanon wrote:
Can you post the link for this monkey thing or tell me the topic name? I would like to share it with 2. LoL


http://consumerist.com/2014/12/15/photographer-still-trying-to-claim-ownership-of-monkey-selfie/


http://www.bing.com/search?q=+Monkey+Selfie&form=PRUSEN&mkt=en-us&refig=11f447ea5d874b95b47fa7519870b65d

here is an article and then a search results of the monkey selfie!!!!

I laughed....I cried.....it became part of me :D :D

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