Question on if pic is mine or person who took

[shellyva]

I gave my point & shoot to someone to get a pic that I couldn't have gotten access to. So, my camera, my memory card, but someone else took it. When posting pics I usually put my copyright symbol on. Would this still be my copyrighted pic?

Thanks in advance!

Shelly

[dougj]

In the US, the person who takes the picture generally owns the copyright, regardless who owns the equipment. There are exceptions - if he/she signed over the copyright rights to someone else before or after the photo was taken, is paid to take photos as part of their employment, is employed by the US government and their job includes photography, and a few others.

[shellyva]

Thanks, Doug.

[cwest]

Interestingly, the famous photojournalist Henri Cartier-Bresson once did exactly what you did - gave his camera to somebody who was better placed to take the picture. And he always claimed it as one of his own, though he was not shy to point out that somebody else actually pressed the shutter.

[dominique_r]

That is an interesting legal point. In theory, yes, the copyright in the photo belongs to the person who handled the camera, framed the shot, and actuated the shutter. However, if that person merely acted as a "material proxy" for someone who "viewed" the picture in their head and gave specific instructions as to how to execute that vision and actually take the picture (because he or she had, for example, an arm in a cast or some other impediment), then it would be interesting to see how courts would rule on that one in various jurisdictions.

There is no case law precedent, as far as I know.

[shellyva]

Interesting theories - would be interesting to find out how it would rule - but I'm sure as heck not going to spend the money fighting the court system! Thanks all!

Shelly