Who has copyright?

[Sime]

Thoughts...

You set up the lights, you set up the background, you pose the model... someone else presses the shutter...

Who owns the copyright?

[BEGM83]

Who is 'named' photographer for the shoot (as in who is responsible)

And who is dictating where the lights go and the poses etc?

[candleman]

i recall a debate about this not long ago.

Most people will say "the person who pushes the button",

I say, that's rubbish... because what if the photogrpaher sets up the lights, the IR triggers and the camera settings and a bird flies through the trap triggering the camera.
The photogrpaher didn't push the button, effectivley the bird did. So, does that mean the bird owns copyright?
No


how about the new smile detect on P&S cameras.
when the subject smiles the camera takes the picture.
the person holding the camera did the work of a tripod and the person th smiled created the picture when he/she smiled by trigering the camera to take the image. Does the subject own the image?

The photogrpher is the one with the skill and knowledge to create the scene, simply because another person performs the action that an inanimate object could, doesn't mean that person should take what is essentially the photographers creativity (intellectual property?) .

but,
at the end of the day, a contract with your assistant saying you shall retain copyright over everything created at the session is the only solid answer.

[RRM]

Technically the person who pushed the shutter, however the setup is a major part of the artistic integrity of the photograph, even more so if the person setting up the lighting, background and posing the model is doing so without direction from the person pressing the shutter. I have never really thought about this as I rarely work with any assistance and if I do, I am always giving direction. Interesting to think about though...

Rob

[Jonbar18]

Photo attorney says.....

ouble bonus speed round:
Q. I put my camera on a tripod, set the focus and exposure manually, hand the remote control to another person who fires the shutter only when I tell him to. Who owns the copyright?
A. 17 USC 201 provides that the source of copyright ownership is the author of the work and that, in the case of a “joint work,” the coauthors of the work are likewise coowners of the copyright. Under 17 USC 101, a work is “joint” if the authors collaborated with each other or when each of the authors prepared his or her contribution with the knowledge and intention that it would be merged with the contributions of other authors as “inseparable or interdependent parts of a unitary whole.”
In general, when the shutter on a camera is tripped to make a photo, the photographer who pressed the button owns the copyright. In the situation here, did you and the person who fired the shutter have the knowledge and intention that each of your contributions would be merged as an inseparable or interdependent parts of a unitary whole (i.e., the photo)? Did you collaborate with the other to make the shot? Did the person who tripped the shutter contribute copyrightable expression? Maybe not here. But do you want to have to litigate this? Read more about this in my June 17, 2005 blog.
Courts have held that, in the absence of a written agreement to the contrary, joint authors will be deemed as tenants in common. This means that each owns an undivided interest in the entire work and each has an independent right to use or license the entire work. So to avoid any possible conflict, be sure that you have an agreement as to who owns the copyright to the photo.

[Jim Bryant]

The copyright belongs to the individual who presses the shutter. It doesn't matter who owns the equipment, but he/she who presses the shutter.

[beatles2]

Originally Posted by Jim Bryant

The copyright belongs to the individual who presses the shutter. It doesn't matter who owns the equipment, but he/she who presses the shutter.

Yes but is not Possession is 9/10's of the law. Hum LOL

[OsmosisStudios]

Originally Posted by Jim Bryant

The copyright belongs to the individual who presses the shutter. It doesn't matter who owns the equipment, but he/she who presses the shutter.

Sorry Jim, im with Jonbar18 on this one.

[Henry Wilt]

So what happens when you are doing a shoot in a public place, i.e. the park, beach etc., and you have set up the lighting, organised the back drop, arranged the model etc and someone walking past thinks "Ooh, pretty" and clicks off a shot on their own camera. As you have set up the shot should you have any rights to that photo at all?

Not trying to be a smart a** or anything but surely this happens all the time at weddings, events etc., the photog does all the work getting everything right and other people attending get to take pictures.

[nancyd589]

Hello! I am Nancy. I came across this forum and surf with this forum.
I like it much and looks informative. I would like to say hello to all the forum members.
Hope have a good time with you all.