Who owns the Copyright?

[Biomech]

Not that usual question. But here's a thought another thread brought up.

Technically speaking, who owns the copyright? Is it the person who presses the shutter? My photo booth is touchscreen activated by the guest, which then triggers the software, which then countsdown and fires the shutter. So would that mean that the user is the copyright holder? Or me by way of the software - as the software is licenced to me?

[Jim Poor]

Could make for an interesting study.

Originally Posted by Biomech

Not that usual question. But here's a thought another thread brought up.

Technically speaking, who owns the copyright? Is it the person who presses the shutter? My photo booth is touchscreen activated by the guest, which then triggers the software, which then countsdown and fires the shutter. So would that mean that the user is the copyright holder? Or me by way of the software - as the software is licenced to me?

[graciousness]

Depends on your user agreement. If you state in the leasing contract that you own the photos, then it's yours. If you state that the photos are owned by users or leasee, then it's theirs. All dependent on the contract. Still all subject to model release, though, depending on how you want to use the images.

If there's no agreement, then I imagine this could possibly fall into simple understanding that you own the photos but subject to model release. Or it could be argued that it belongs to the person or entity who hired the photobooth.

If 'models' contend the copyright ownership, then it's all up to legal/commercial interpretation in court. Whoever has a better lawyer and what the judge decides.

I can't imagine you wouldn't have a user agreement/contract so it all falls on that first and foremost.

[ravncat]

You'd have to speak to a lawyer on this one.

[graciousness]

Originally Posted by ravncat

You'd have to speak to a lawyer on this one.

That is the best course of action if you want to ensure that you outline the terms and conditions of use with your agreement. YOu really dont' want to rely on copyright interpretations on this shoudl someone contend ownership of the images with you.

[Twinpanther]

Looking at this from a user point of view I wouldn't expect there to be any saved images unless it stated somewhere that there would be. I would think once the image was printed it was erased by the following customer and that image was mine to do with as I wanted.

From a photographer's perspective, I see it like rented gear. Essentially, they are renting your "booth" to take their own photo. They are doing the posing, shutter release, cropping, etc. You are not there and have no input (assuming this is a self sufficient set-up) so have no claim any more than a rental store does renting someone gear for the weekend.

Just my opinion but that's the way I see it.

[Jim Poor]

Originally Posted by graciousness

Depends on your user agreement. If you state in the leasing contract that you own the photos, then it's yours. If you state that the photos are owned by users or leasee, then it's theirs. All dependent on the contract. Still all subject to model release, though, depending on how you want to use the images.

If there's no agreement, then I imagine this could possibly fall into simple understanding that you own the photos but subject to model release. Or it could be argued that it belongs to the person or entity who hired the photobooth.

If 'models' contend the copyright ownership, then it's all up to legal/commercial interpretation in court. Whoever has a better lawyer and what the judge decides.

I can't imagine you wouldn't have a user agreement/contract so it all falls on that first and foremost.

The user agreement would be between the booth vendor and the venue, NOT those who get in and press the button, so the case could be made that they in fact are the © holders.

[Jonbar18]

You do.

But so do the photobooth users.

From photoattorney

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.

Oh, and the company that hired you.
US copyright law

(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

Not a very strong case, but a case could be made that they did hire you to create those pictures for them, to be transferred to the users, or something like that.

So yes, it really does come down to who has the better lawyer/the balls to slide an envelope marked "bribe" over to the judge.

[ArmySoldier777]

This is definitely a topic that makes you think.. And I can see why you would want to retain copyrights to the image, and maybe you do legally have them.

That being said, to be honest, I don't think I'd consider myself to hold the copyrights to images produced in the photobooth if I owned it. I'm not taking the pictures, none of my creativity is going into making the shot, all I did was set up a booth and let it do what it does. To me, that kinda seems like lending someone your camera to allow them to take pictures. Just because it's my camera, doesn't mean the pictures are mine.

In my photo booth, I do.

The "Start" button doesn't activate the shutter, it kicks off a software program that shows images on a screen, takes photos, and prints the photos in a strip format. In that way, the user isn't pressing the shutter, it's telling the photo booth to press the shutter. The photo booth is owned by me and can be viewed as an extension of myself, and therefore I retain copyright.

It's also in my contract, which is signed by the host (not the venue).

I have seen other photo booths that have a disclaimer on the screen, but I don't feel that's necessary.

In all reality, no one cares. I've done over 70 photo booth jobs, and this has never come up. If it were to come up, the easy solution would be "it's yours, take it" and be done with it.