# Do I own the copyright to this image?



## Fiendish Astronaut (Sep 14, 2008)

Okay my tongue is slightly in my cheek here but seriously, if someone (for some reason) bought this off me for lots of money would the girl who held this camera have any rights to ask for compensation?

After all, I'm including HER image in this...


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## epp_b (Sep 14, 2008)

Since you're finger was on the shutter button when the picture was taken, yes, you do.  It's that simple.  Silly, I know.  Copyright as a long way to go to catch up to the technology that it's supposed to address.

You own the copyright to the image of the person taking a picture of a person.  They own the copyright to whatever image they are taking.

That's a neat shot, BTW.


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## Pure Captures (Sep 14, 2008)

It's all yours.  And since you can't even identify any of the people in the picture, you wouldn't even need a model release, no matter what you want to do with it.  Nice shot!


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## Meysha (Sep 14, 2008)

But does he have a right to take a photo of a copyrighted image and sell it???

That's the only problem I can see.


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## Josh66 (Sep 14, 2008)

Meysha said:


> But does he have a right to take a photo of a copyrighted image and sell it???
> 
> That's the only problem I can see.


Yeah, but it's not actually a photo yet.  Doesn't look like she's pushed the shutter button yet.


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## Battou (Sep 14, 2008)

O|||||||O said:


> Yeah, but it's not actually a photo yet.  Doesn't look like she's pushed the shutter button yet.



Doesn't matter, The copyright in question is not the image on the camera but the image of the image on the camera. FA can sell this to his hearts content and no I do not believe that she can demand any sort of compensation. Copyright is automatic in most places around the world upon creation of an image and creating an image containing a copyrighted image is still technically creation. The copyright of the image posted abbove belongs to FA.


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## Fiendish Astronaut (Sep 15, 2008)

Thanks for the replies. I suspected as much but I know one can't take a picture of, say, a painting, and claim my image is an original work. So just wondered how this differed. But I guess the girl's LCD display does not necessarily depict a created piece of work as such.


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## Tiberius47 (Sep 15, 2008)

I'd agree.  A possible composition on an LCD screen does not represent a work created.

If the owner of the camera was to challenge this, they'd have to prove that not only were they the person holding the camera in this picture, but that they actually took the picture that is displayed on the screen.


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## skieur (Sep 15, 2008)

Fiendish Astronaut said:


> Thanks for the replies. I suspected as much but I know one can't take a picture of, say, a painting, and claim my image is an original work. quote]
> 
> Actually, one can, if the painting is permanently on display in a public place.
> 
> skieur


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## freelunch (Sep 15, 2008)

Fiendish Astronaut said:


> Thanks for the replies. I suspected as much but I know one can't take a picture of, say, a painting, and claim my image is an original work. So just wondered how this differed. But I guess the girl's LCD display does not necessarily depict a created piece of work as such.



Even if she did click the shutter, her image would not show the camera icons showing in the view screen.


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## epp_b (Sep 15, 2008)

> I suspected as much but I know one can't take a picture of, say, a painting, and claim my image is an original work.


But, the picture of the painting is your original work, which you can claim.


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## heavenlymom (Sep 18, 2008)

This is a gorgeous picture!! I love it!
I don't know much about copyrights but I'd say the portrait is of the camera with the image and then the image in the background. You are taking the photo of the whole piece. Her image to sell would be what is on her camera only. Yet if she found someone willing to purchase the piece maybe you two could come to an agreement on something?? I do not believe though that she has any rights to the image presented above at all.


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## JHF Photography (Sep 18, 2008)

Everyone's pretty much summed up the copyright question, so all i'm gonna add is:

SWEET PICTURE!  I think that shot is awesome, very cool idea.


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## Alex_B (Sep 18, 2008)

you have the copyright.

but not necessarily usage rights / rights to sell it.


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