Me, My Sister(?), and I.

[Lindsie Nicole]

So I'm really into photography... if its not already obvious. lol. But it turns out that my sister is also a pretty good photographer. So whenever I want pictures of myself to edit I normally have her take them for me. I tell her where to stand to take them and tell her what angle to take it at. So I go and edit them and blah blah blah.

Now would those pictures be HERS or MINE? I'm kinda confused..? haha.

Thanks,
Lindsie

[Jim Bryant]

the pictures belong to who ever pressed the shutter button. Even it if was with your camera.
It's called "copyright upon creation".

[trudslev]

So Jim, I often have my daughter help me with self portraits, so that the framing is correct, and of course she presses the button, so that would make it her picture? But what if I then use a remote trigger then? Then it's my picture again? ;-)

[BCampbell]

A friend of mine once tried to claim that since he let someone borrow a lens, the pictures they took were his. Took about four seconds of thinking for him to take that one back.

The questions about setting up the shot and someone else pressing the button are pedantic. If we're talking legally, well, I'm not a lawyer but copyright law has language to teh effect that copyright is granted as soon as a work is fixed. Seems to follow that the one doing the actual fixing is the holder. What a few comments here are hinting at is really a type of photo assistant, and professionally a contract would spell out the ownership of the photos.

Among friends and family, I hope people would be able to come to a resolution on their own and not have to ask strangers on the Internet to back them up. Lindsie, in your case, you say your sister is a good photographer, which seems to be the key here. Do you think the photos would look the same if you gave the camera to someone else? If no, I think you have your answer.

As far as one person taking the photo and another editing it, that's an entirely different ball of worms. Again, professionally, usually a contract would be signed and the editing work would simply be hired, so the photo editor wouldn't have any claim to copyright. But among friends... well, I recently shot a CD cover, and the shot we used was fairly difficult to pull out in post. A friend of mine and I bounced it back and forth a bit, and in the end we went with one of his edits. I made sure he was credited, and I wouldn't even dream of trying to sell prints of that photo without his okay. I mean, I hope we all know enough to do the right thing.

[Jim Bryant]

Originally Posted by trudslev

So Jim, I often have my daughter help me with self portraits, so that the framing is correct, and of course she presses the button, so that would make it her picture? But what if I then use a remote trigger then? Then it's my picture again? ;-)

Yup...a remote would work. But seriously, you got to remember the most important aspect, even through one is setting up the picture and poses, who is pressing the shutter button?

[candleman]

not sure i'd agree.. if the camera was in auto mode then it takes literlaly no skill to create... so sure, then the pic belongs to the button presser.

if i set up a studio with manually powered strobes, input 100% manual settings, manual WB.. the person pressing the button has no clue what they are doing and has no control, therefore they are not the one who has create the work... its me.. because i set it up, envisioned it and made it all come together.. all they are doing is pefrorming a machanical fucton, just like a remote would.

skill and knowlege vs mechanical function

it depends on how much control and influence the person pushing the button has over that image.

[Jim Bryant]

Originally Posted by candleman

not sure i'd agree.. if the camera was in auto mode then it takes literlaly no skill to create... so sure, then the pic belongs to the button presser.

if i set up a studio with manually powered strobes, input 100% manual settings, manual WB.. the person pressing the button has no clue what they are doing and has no control, therefore they are not the one who has create the work... its me.. because i set it up, envisioned it and made it all come together.. all they are doing is pefrorming a machanical fucton, just like a remote would.

skill and knowlege vs mechanical function

it depends on how much control and influence the person pushing the button has over that image.

Over here in the U.S. copyright belong to those who created it, which means pressing the shutter button.

[Sime]

Originally Posted by Jim Bryant

Over here in the U.S. copyright belong to those who created it, which means pressing the shutter button.

Same in the UK...

[Lindsie Nicole]

So even though I told her exactly where to go and what angle to take it at and I edited it myself in Photoshop, its still HER photo?

The reason I'm wondering is I wanted to use some pictures of myself (that she took but I edited) to promote my photography. But I haven't yet because I wasn't sure if they were HER pictures... or MINE.

thanks for all your answers!
Lindsie

[Sime]

Hey Lindsie...

So, if you feel you created the photo and your sisters says she's happy for you to claim it - there's no issue, right? (It's your sister, not Microsoft!)

:-)

- She pressed the button, she owns that copyright. But, again, it's your sister and if you feel you created the image...