Date: Tue, 23 May 2006 08:59:01 -0700 (PDT) From: Phil Boswell phil.boswell@gmail.com Subject: Re: [WikiEN-l] Creation of user photographs
Peter Mackay wrote:
Mmmm, but does requesting someone to take a photograph actually give you copyright over the resulting image? I don't think it does, without explicit assignment.
If you were on holiday and asked a passing random person to use your camera to take a picture of you, I suspect that you would be quite surprised were they to attempt to assert copyright over the picture.
Many people are in the habit of acquiring pictures in this manner : I don't suppose there can be more than a handful who would ever even contemplate this scenario as more than a mental exercise, and if there is a single one who would consider forcing said passer-by to sign something forfeiting copyright, they would rightly be judged a lunatic.
If this ever came up in court, I'm pretty sure the court would decide that copyright had been transferred the moment the passer-by handed your camera back, by mutual consent. There is no requirement that the transfer has to be in writing. Everyone understands that "will you please use my camera to take a photo of me?" includes the caveat "and give me the copyright of it", so unless the passer-by replies "yes, but I'm keeping the copyright", copyright has indeed been transferred. It's just like walking up to someone and handing them $10; you don't have to say anything or write anything to make them the legal owner of it.
(Disclaimer: actually I know nothing!) Brendan.
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