What’s Your Preference?

Nathan deGargoyle · #1 (**permalink**) 09-18-2009, 06:20 PM

I know we have done "Who owns the copyright?" many times before but this one is a little more complex.

This afternoon we had a wedding and reception at the hotel. A few minutes before the service the bride's mother was having kittens because the photographer hadn't turned up despite having taken a £400 deposit. My Banqueting Manager said "Don't worry, the manager is a photographer, he'll take some pictures for you", but "Sorry" says I, "I don't have my camera with me".

"One of the guests has a new camera" says the BM and goes off to find it. The long and the short of it is that I fnished up taking the snaps with a borrowed Canon EOS (sorry Nikon guys, it was a one off trip to the Dark Side).

Question is who owns the copyright to the shots I took (I'm not going to charge, this is a matter of interest only), Is it me as the photographer, the guest whose camera I borrowed or the hotel company which was paying me for my time?

dcclark · #2 (**permalink**) 09-18-2009, 06:31 PM

You were the one doing the creative act. Unless you signed away your rights in some formal document, you still own the copyright.

harrypalmer044 · #3 (**permalink**) 09-18-2009, 06:37 PM

Hi Nathan,
well you do find yourself in a interesting quandry with this one for sure, I am sure that the bride and groom were only too pleased to have such an excellent photographer stand in at the last minute. Now as for the copyright? I don't practice law but you as I see it were the "Artist" using someone else's equipment, the camera you used belonged to someone who was either new to photography or was new to the equipment so I doubt very much that they would be able to match your excellent quality of work. In my heart I would say the images were yours, in law I would say they belonged to the person who owned the camera. Morally the couple who's wedding it was would be the most to benefit from the photographs, not an easy one mate, would be interested to find out how this one is resolved.
What are your feelings on the subject? were you happy to be able to just make their day for them as that's how I would feel for sure. Good luck with this one

David

candleman · #4 (**permalink**) 09-18-2009, 07:38 PM

you do.
if i borrow a paintbrush, it doesnt mean the picture belongs to the owner of the brush.
its your art, and your work.

congrats, i hope it went well.

Nathan deGargoyle · #5 (**permalink**) 09-18-2009, 08:02 PM

I couldn't really see the camera owner having copyright

Although I was in a way doing it as part of my job I think it would be a push to say my employer owned the copyright so, by default, I guess it must be me.

But as I said I wasn't looking to get paid for taking the shots, I was just happy to be able to help them out.

The whole thing was a bit of a nightmare really. Totally unfamiliar camera, 18-55 kit lens, very poor pop-up flash in a dimly lit room but I think I can probably get a couple of decent shots out of it for them.

DogHeadGod · #6 (**permalink**) 09-18-2009, 08:07 PM

You would own the copyright. However, if you had agreed to a payment before hand then you would be commissioned and they would own them.

It was a nice thing for you to do, maybe they'll get the $400 back from the no-show and give it to you instead?

DHG

Nicole · #7 (**permalink**) 09-18-2009, 09:06 PM

I want to say the important part is more of whether or not it was in your job description (on whether or not your employer owns the copyright). Yeah, ok, they asked you to do this, but you don't have "emergency photographer" in your duties either I'm guessing? I mean, not every photo taken by a government employee becomes public domain, it's just the ones that are taken as part of their job (IIRC). It's more of a grey area, but I'd tend to say that the copyright comes down on your side of things.

Jim Bryant · #8 (**permalink**) 09-18-2009, 09:12 PM

Doesn't matter who owns the camera, but the person pressing the shutter button.

dcclark · #9 (**permalink**) 09-18-2009, 09:28 PM

This really isn't a grey area. You own the copyright on your own photos, unless you have specifically given them away. As you (apparently) signed NOTHING, then you gave nothing away.

Sky Blue Iris · #10 (**permalink**) 09-18-2009, 10:31 PM

Quote:

Originally Posted by Jim Bryant

Doesn't matter who owns the camera, but the person pressing the shutter button.

I agree. If the medium defined the copyright then there would be a legal question as to who owns the rights to photos I take with my camera using a rented lens. INAL but I don't think copyright can tied to hardware. You can write a book on your sister's laptop and print it off your mom's printer but the book is still your work.

I'd say for all intents and purposes the rights are yours, you took the shots.