Forums > General Industry > If no one presses the shutter, who owns copyright

Photographer

Fluffytek

Posts: 558

It has often been said that the person who presses the shutter owns the copyright so:

You set up the camera pointing at something, the street a bird table, whatever. And use a radioactive decay device to trigger the shutter (sound better than a random number generator). Does the owner of the camera own the copyright or does the lump of uranium, or for that matter does god smile

If I set up a camera with a pressure pad on a bird table and bird lands on it to trigger the shutter, does the bird own the copyright smile

If my camera is in the hold of a plane and is triggered by turbulence, does the airline hold the copyright for the images smile


Have fun smile

Aug 17 06 03:41 am Link

Photographer

Jean-Philippe

Posts: 397

Austin, Texas, US

Fluffytek wrote:
It has often been said that the person who presses the shutter owns the copyright so:

You set up the camera pointing at something, the street a bird table, whatever. And use a radioactive decay device to trigger the shutter (sound better than a random number generator). Does the owner of the camera own the copyright or does the lump of uranium, or for that matter does god smile

If I set up a camera with a pressure pad on a bird table and bird lands on it to trigger the shutter, does the bird own the copyright smile

If my camera is in the hold of a plane and is triggered by turbulence, does the airline hold the copyright for the images smile


Have fun smile

Who ever set up the camera or the pressure pad. You know it.

Aug 17 06 03:52 am Link

Photographer

Diable

Posts: 1857

Fairfax, Virginia, US

I would say that in all cases you would still own the copyright. 

In all of your examples you are still intrumental in setting the camera up to take the actual shot, therefore you are the owner of the shot produced by the equipment that you have prepared to capture the image. 

In the case of the turbulance, you're still the owner of the image, as you had to either load the camera with film, or turn it on, thu you prepared the equipment to capture the image.

btw, using trip lines, wires, and other forms of enabling the subject to trip the shutter are accepted standard methods in many types of wildlife photography.  In all cases the photographer who owns the equipment and who prepares it to capture the image owns the copyright.

Aug 17 06 03:53 am Link

Photographer

Fluffytek

Posts: 558

Jean-Philippe Martin wrote:
Who ever set up the camera or the pressure pad. You know it.

Thats not entering into the spirit of things really. smile

Aug 17 06 03:54 am Link

Photographer

studio36uk

Posts: 22898

Tavai, Sigave, Wallis and Futuna

That is NOT a complex or arcane situation... the answer is easy and straightforward... the person who sets up the apparatus to capture the image owns the copyright.

Studio36

Aug 17 06 03:54 am Link

Photographer

Jean-Philippe

Posts: 397

Austin, Texas, US

Now if person A and B press the release at the same time... who owns the right?
Both. That's it.

Aug 17 06 03:54 am Link

Photographer

Jean-Philippe

Posts: 397

Austin, Texas, US

Fluffytek wrote:

Thats not entering into the spirit of things really. smile

There is maybe no such a thing as the spirit of things tongue

Aug 17 06 03:56 am Link

Photographer

Fluffytek

Posts: 558

Jean-Philippe Martin wrote:
There is maybe no such a thing as the spirit of things tongue

Not according to Obe-Wan. Use the force Luke !

Aug 17 06 03:58 am Link

Photographer

Avanti Photography

Posts: 3

Albany, Oregon, US

Fluffytek wrote:
It has often been said that the person who presses the shutter owns the copyright so:

You set up the camera pointing at something, the street a bird table, whatever. And use a radioactive decay device to trigger the shutter (sound better than a random number generator). Does the owner of the camera own the copyright or does the lump of uranium, or for that matter does god smile

If I set up a camera with a pressure pad on a bird table and bird lands on it to trigger the shutter, does the bird own the copyright smile

If my camera is in the hold of a plane and is triggered by turbulence, does the airline hold the copyright for the images smile


Have fun smile

Aug 17 06 03:58 am Link

Photographer

Jean-Philippe

Posts: 397

Austin, Texas, US

Fluffytek wrote:
Not according to Obe-Wan. Use the force Luke !

LOL! Then only Obe-Wan will be able to help you in the quest of the truth.

Aug 17 06 03:59 am Link

Photographer

J C ModeFotografie

Posts: 14718

Los Angeles, California, US

Fluffytek wrote:
It has often been said that the person who presses the shutter owns the copyright so:

You set up the camera pointing at something, the street a bird table, whatever. And use a radioactive decay device to trigger the shutter (sound better than a random number generator). Does the owner of the camera own the copyright or does the lump of uranium, or for that matter does god smile

If I set up a camera with a pressure pad on a bird table and bird lands on it to trigger the shutter, does the bird own the copyright smile

If my camera is in the hold of a plane and is triggered by turbulence, does the airline hold the copyright for the images smile


Have fun smile

Possession is 9/10ths of the law. 

JAY carreon
PHOTOGRAPHER

Aug 17 06 04:03 am Link

Photographer

Avanti Photography

Posts: 3

Albany, Oregon, US

Copyright is the intelectual property of the person who creates the image by any means,it is not about camera or shutter or any physical device,it is about imagination and mind of the artist,or creator.

Aug 17 06 04:10 am Link

Photographer

DarioImpiniPhotography

Posts: 8756

Dallas, Texas, US

What if you drop your camera off a 2nd story balcony which hits the 1st floor fence, triggering the shutter and capturing an outrageous shot of a famous hot model coming out of the pool -- you know those sexy shots where they have that hot look and water is just smoothly flowing over their body.

The camera is destroyed but the image is recoverable off the flash.  Oh yeah, and the reason you dropped the camera was to shake on the deal to sell it to someone else. 

Who owns the copyright then?

Aug 17 06 05:57 am Link

Photographer

Fluffytek

Posts: 558

Avanti Photography wrote:
Copyright is the intelectual property of the person who creates the image by any means,it is not about camera or shutter or any physical device,it is about imagination and mind of the artist,or creator.

Doh, how about this then.

You go to a location, build a set, hire an MUA, stylist and model. Buy the clothes set everything up. Layout the tripod.

While your getting the camera out a stage hand puts his camera on the tripod, yells cheese, and takes a shot of the smiling model etc.

I believe that while you may have done absolutely everything, the shot is still his, even though he may now be out of a job smile

Aug 17 06 06:17 am Link

Photographer

GRHorn

Posts: 997

New York, New York, US

I guess the camera appeared by divine providence.  Please not a very good question is it?

Aug 17 06 06:26 am Link

Photographer

Hadyn Lassiter

Posts: 2898

New Haven, Connecticut, US

Try dropping your camera
Hope that works out for you.
Its all good.

Aug 17 06 06:31 am Link

Photographer

Fluffytek

Posts: 558

This is supposed to be a silly, fun thread. Hence all the smilies in the OP.

smile

Aug 17 06 06:39 am Link

Photographer

Brian Diaz

Posts: 65617

Danbury, Connecticut, US

I own it.  Quit stealing my photos.

Aug 17 06 11:05 am Link

Photographer

lightswitch

Posts: 94

Sacramento, California, US

DarioImpiniPhotography wrote:
What if you drop your camera off a 2nd story balcony which hits the 1st floor fence, triggering the shutter and capturing an outrageous shot of a famous hot model coming out of the pool

what shutter speed are you gonna use for that??

Aug 17 06 11:30 am Link

Photographer

Michael Fryd

Posts: 5231

Miami Beach, Florida, US

US law does not say "He who presses the button owns the copyright."  This is a general guideline, and does not apply in certain circumstances.

Copyright provides protection for the creative process.   According to the US copyright office (www.copyright.gov) "The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright."

In other words, copyright belongs to the person(s) who created (authored) the intellectual property.  In many situations, the photographer sets the lights, chooses the models, the poses, camera positions, etc. and presses the button.  In such a case, the photographer, as the author of the work, owns the copyright.

If another person 'presses the button' without providing any creative input, they do not have a valid claim to copyright.


In a situation where the photography is purely mechanical, and absolutely NO creative input is involved, then the image may not be protected by copyright.  If you claim there is something protectable about the image, you are claiming that some creativity was required to take the image.  The person who came up with the creativity is the natural copyright holder.

Aug 17 06 01:16 pm Link

Model

DawnElizabeth

Posts: 3907

Madison, Mississippi, US

I would say that if you have to ask... you don't deserve the copyright.

Aug 17 06 01:19 pm Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

Jean-Philippe Martin wrote:
Now if person A and B press the release at the same time... who owns the right?
Both. That's it.

If it was done like a firing squad, A, B, and C would each press a shutter, one of which would not be active. Therefore, it would not be known who held the copyright.

Aug 17 06 01:25 pm Link

Photographer

Peter Dattolo

Posts: 1669

Wolcott, Connecticut, US

Well..............The bird owns the copyright, the turbulence that set the camera off owns the copyright, the radioactive material owns the copyright..........




After all this, you can be a manager..........hell this even qualififies you as a MM manager.....actualy you may be overqualified after all this.



LOL

Aug 17 06 02:12 pm Link

Photographer

Karl Blessing

Posts: 30911

Caledonia, Michigan, US

Jean-Philippe Martin wrote:
Now if person A and B press the release at the same time... who owns the right?
Both. That's it.

rp_photo wrote:
If it was done like a firing squad, A, B, and C would each press a shutter, one of which would not be active. Therefore, it would not be known who held the copyright.

Whoever's fingers are still intact after the debate tongue

Aug 17 06 02:51 pm Link

Photographer

oldguysrule

Posts: 6129

me, of course, because i own the woodchipper

Aug 17 06 02:56 pm Link

Photographer

byReno

Posts: 1034

Arlington Heights, Illinois, US

DarioImpiniPhotography wrote:
What if you drop your camera off a 2nd story balcony which hits the 1st floor fence, triggering the shutter and capturing an outrageous shot of a famous hot model coming out of the pool -- you know those sexy shots where they have that hot look and water is just smoothly flowing over their body.

The camera is destroyed but the image is recoverable off the flash.  Oh yeah, and the reason you dropped the camera was to shake on the deal to sell it to someone else. 

Who owns the copyright then?

Sorry, this belongs in the "Tilted" thread.

Aug 17 06 03:05 pm Link

Photographer

DarioImpiniPhotography

Posts: 8756

Dallas, Texas, US

If the shot came out tilted I would put it up for critique and check opinion if the model's head was tilted correctly or not.

My assumption is that the shot came out upright, or correctly tilted.  In either case, the shutter speed is at 1/1000.

Aug 17 06 03:09 pm Link

Photographer

byReno

Posts: 1034

Arlington Heights, Illinois, US

In that case the copyright would belong to the little weasel who picked up the pieces, ripped off the flash card and ran off like a bat out of hell.

Aug 17 06 03:14 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

The person who was smoking more pot when the photo was taken definitely owns the copyright.  If they were both high, the person who passed out last and can still remember he had a radioactive device.

Aug 17 06 04:30 pm Link