Who owns the copyright in these pictures?

  WhiteTruckMan 20:42 29 Aug 2009
Locked

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The story is pretty self explanatory, and is, in my opinion, rendered pointless by the use of a cheap disposable camera. But I always understood that copyright of a picture rested with whoever took the picture (unless a prior arrangement was in place, eg the photographer is an employee of a studio, etc). Obviously they were taken by different people yet are all marked with the same copyright logo.

Ideas, anyone?

WTM

  Stuartli 21:02 29 Aug 2009

As the photographs were commissioned by the student i.e. requesting people to take a photograph on his behalf, the copyright will almost certainly belong to him.

  spuds 21:51 29 Aug 2009

There seems to be a question going around at present about using cameras and taking photographs.

The police (mainly London) have been using the various Terrorist Acts in preventing the taking of photographs, including confiscation of equipment. Some say this is illegal others say not!.

What I do know, is about 10/12 years ago, there was a photograph taken (covertly) of myself in the line of duty without permission. This photograph was then used on a cd sleeve and other promotional material. My bosses were not very pleased, and took advice from the CPS. The matter was eventually dropped!.

  Forum Editor 22:13 29 Aug 2009

is quite clear on this - copyright in an image is vested in the person who took it, and not in the subject, if that subject is another person. The exception is where an image was captured in circumstances that clearly breached an individual's privacy - when the photograph is taken of a person through his/her window for instance.

In the case of the images referred to the copyright will be with the original photographer - the one whose camera it was.

  WhiteTruckMan 22:31 29 Aug 2009

The owner of the camera did not take all the pictures, merely the first one in the sequence. Does this mean that I cannot hold copyright on a picture if the equipment used to take the picture doesnt belong to me?

WTM

  Forum Editor 22:45 29 Aug 2009

if you borrow someone's camera to take it, but....

if you use someone's camera at their request, and take a picture to their specifications, you act as that person's agent for the event, and you don't have copyright in the image.

  Stuartli 00:25 30 Aug 2009
  interzone55 17:48 30 Aug 2009

I suppose unless the people who took the photographs come forward the copyright rests with the owner of the camera...

  Forum Editor 18:01 30 Aug 2009

They can come forward as much as they like, but they didn't own the camera, and they didn't have the idea - they simply pressed a button at the request of the camera's owner. He has the files, and he has the copyright.

  Stuartli 18:11 30 Aug 2009

Which was also my original observation, accompanied by a tentative proviso.

  namtas 22:50 31 Aug 2009

I would disagree, the creater of a work retains the copywrite always. In this case the person who took the picture is the person who created the work, they decided the composition and the subject. It is akin to saying to someone here is a piece of paper and some brushes it is my equipment but I want you to crete a painting which I will sell as I own the copywrite.

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