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: