vFunct: The person responsible for the creation owns the copyright. Photography equipment "operators", like this monkey, do not own copyrights.
If that were the case, then the assistants of high-end photographers would own the copyright to the photos, instead of the photographers, who normally act as directors. Most high-end photographers have assistants hold the camera and operate them and take the actual shot, instead of of the photographer themselves.
This is also why the NFL owns the copyright to their work, instead of the cameraman.
The big mistake people make is assuming photography is the art of operating cameras. It actually involves much more than that, including planning, production, styling, lighting, post-processing, etc..
It's very amateurish to consider photography as only taking pictures.
Just read up and vFunct, you're right about employee/employer relationship in regards to copyright. My apologies.
neil holmes: Spy meets and befriends simple person, spy gets said person to push the button for photo of forbidden military base......who gets charged???
Paparazzi outside celebrities place ......gets passing kid to climb tree and push shutter for pic in breach of law....who gets charged??
How is legal liability relevant to this discussion?
JackM: Right, so when I carefully setup every parameter on my camera (an expensive one which I was only able to purchase by selling photos) and then hand it to someone to take a pic of me and my family, I had nothing to do with it?
Well ... you had everything to do with the metering and possibly the focus. You still don't automatically own the copyright just because the camera belongs to you.
neil holmes: Well the Monkey took the camera without permission....charge him!
The photographer owns the camera, the card....the monkey could be regarded as the employee.
In any event the photos exist only because the photographer was responsible for ALL but pushing the button.
The Photographer owns the copyright in my opinion.
samfan: I think the law makes sense. The author is the one who presses the shutter button or otherwise sets up taking of the final image as a clear intention (self-timer, drone etc.). If you lend your camera to someone and they take the pictures, they are the author. This is clear enough.
As for the "If you drop your camera and it takes a picture by itself, nobody is the author", that's a bit tricky but I think it makes sense too. If you don't actually press the shutter button (or equivalent), then why would you want to claim ownership? Also in this case, it's clear the photographer did not set up this scenario.
You don't need to make money of everything and claim copyright on everything. Just suck it up and let the world have some fun with "your" image dang it.
vFunct, you are confusing things. In the absence of a contract the assistant who fired the shutter could absolutely prevail in a copyright suit. The law does not assign copyright by employment status.
To say that one "gives" copyright implicitly by lending gear is also incorrect. Copyright is EXPLICITLY the creator's unless a contract explicitly assigns the creator's rights to a different entity.
The NFL owns the copyright to those photos from whom they have required a copyright waiver. Example: they do not own the copyright to photographs taken by AP (whomever else) photographers - AP does PROVIDED they required their photographers to sign waivers. If the NFL wanted to require the AP to release copyright they could attempt to do so by requiring a similar waiver. However they do not own the copyright by virtue of the fact that the photographer was standing on the field when taking photos.
Osscat: I always thought that photographic copyright was held by the owner of the emulsion used - in film photography - would not the sensor and storage device be the equivalent of film?
Wrong. That is a contractual issue, not related to the film or the sensor. A newspaper will probably force any photographer to sign a waiver of copyright for anything done while employed by and at work for the company. Given that, whether a news shot is taken with the paper's gear or the photographer's, the copyright belongs to the paper.
If you loan your camera to someone and they take a photo, they own the copyright. Not you - unless you force them to sign a similar waiver.
paul simon king: well i that case that kinda rules out self timer pics too then, or pics actualted by passing animals triggering a infra red etc?
Of course it's his flaming pic, it wouldnt have been taken if he hadnt set it all up and posted it
No, not at all. In both scenarios you describe the photographer took an intentional action to create the photographs.
The self-timer merely delayed the shutter firing. In many lower-end cameras even today there is a noticeable lag between depressing the shutter button and the shutter firing. The intent remained the same - to take a photograph.
If an infrared trigger fires the shutter it only did so because the photographer turned it on. Again, intentional action caused the photo to be taken.
In this case, the monkey took the camera away from the photographer and the photographer no longer had any control over the subject, framing or timing of any photographs made. Therefore he cannot claim ownership of any of the photos.
Dan Desjardins: Perhaps its too late, but instead he could copyright it as a work of art rather than as the photographer. I just wonder if it could be argued that he set up the sequence of events for this to occur as an artistic expression and thus would be entitled to copyright?
But did he set up the sequence of events? From the description here it sounds as though the monkey took it from him - not that he handed it to the monkey to see what might happen.
Kipplemaster: Depends on the laws of the relevant jurisdiction, which is a point often ignored! In my view this comes down to title. Who has best title to this photograph? Wikimedia Commons, the camera owner, or the monkey? I would say the monkey has best title, then the camera owner, then Wikimedia Commons. Assuming the monkey isn't putting forward a case, the camera owner should win.
Why? That's the "possession is 99% of the law" defense. Just because the photographer's camera was used to create the photo, why should he be able to claim ownership of photos created while it was not in his possession or under his control?
Richard Schumer: "Do you think Mr. Slater's takedown requests are justified?"
That's actually three questions -- one as to law, one of facts, and one of "fairness."
The law is on Wikipedia's side, clearly. The facts are the photographer owns the camera and distributed the photos, something the animal could not do on its own.
Fairness, like beauty, however, "is in the eye of the beholder."
Interesting. I was going to say "no" but then I got to thinking about public domain things.
I play classical violin. Most of the music I play is in the public domain - Beethoven died a LONG time ago. However, the sheet music created by the publisher has edited the piece - added bowings and other interpretations - and now has a copyright on that edition of the piece. I suppose you could argue that edits to a public-domain photograph that make it substantially different from the original could be copyrightable. However, how do you define "substiantially different?" A crop, or even adjusting color should not qualify, in my opinion.
I remember taking one of my first pictures with my new telephoto adapter lens on my Kodak Instamatic of this plane, in Renton, in 1969 when the plane was new. I was tremendously excited as a nine year old to see this unusual-looking airplane.
Jogger: Not sure I would want to shoot flowers at 1/15 outdoors unless there is absolutely no wind, since the flower is gonna be swaying and such. Its better to just bump up the ISO and and shoot a faster shutter to avoid subject movement.
marzipan61: I just don't need or want 36MP. The small RAW however went too far. 9MP? Ugh. Hate to be a Goldie Locks - but 12 or 16MP would be the appropriate size. Looks like I need to stick to my D700 for a while longer. We were so close.
9Mpxl is one quarter 36. That allows them to perhaps combine 4pixels to make 1, or only capture every other pixel over the full frame. To do 16/18 would require a higher-res native mode.
My thought, anyway.
JackM: Great, but... should we wait for more lenses for the a7/r, which won't be usable with this sensor, or should we wait for this system? Argh.
Does the comment about fixed lenses mean that this sensor can only work with prime lenses unless some mechanism is designed that will allow the sensor to vary its curvature as a zoom lens changes its focal length?
Yan, don't confuse fixed lens (permanent mount) with fixed focus (like a disposable film camera). It's not that this technology can ONLY work with fixed lenses, but that today's lenses rely on a flat plane sensor so would not work with this new sensor. Manufacturers can create new interchangeable lens cameras for this new sensor, but they will need to be designed for the curved sensor and thus traditional lenses will not be compatible and lenses designed for this sensor will not be compatible with flat-sensor cameras.Sounds like the reasoning is that putting these into a fixed-lens camera is the simplest way to test the technology in real life: lenses are simpler so less expensive, the cameras maybe can be smaller, and it gives the mfg the ability to field-trial their technology without investing in an entirely new lens line.But downstream I would expect that manufacturers will design new interchangeable lens systems specifically for curved-sensor cameras.
p5freak: "I did it all for the bokeh." And he uses MFT. LoL.
"A LOT more bokeh!"
That is like saying that my tall 8oz glass of water has a lot more water than your short 8oz glass of water. Brokeh is subjective and cannot be measured as a quantity. It can only be measured as a quality.
What you are talking about is depth of field, not bokeh.
davidbindle: Maybe by filing on March 18th, Amazon thought it would become aware to the public on April 1st.I think I'm going to apply for a patent for a particular way to walk where the opposing arm and leg are in the forward position at the same time, therefore ensuring maximum use of energy whilst walking. If I see anyone using my walk that hasn't paid royalties... look out.
They didn't file on March 18, the patent was granted on that date.
fdfgdfgdgf: Very good reviewlike the photo samples, just need to clarify if the video samples were taken on tripod. i prefer handheld to test the lens VR
Someone please tell me the relevance of hh vs. tripod for a CAMERA review. That tests 1) ability to hold still; VR of the LENS.
Artistico: I thought people only lost lens caps when they are attached to the camera and you bump into something without noticing that makes it come loose, not when you have taken it off to take pictures.
As we all know, you can't take pictures with a lens cap on, so it should not stay on unless you change lenses or put the camera away in a bag, pocket or under your jacket when it starts pouring down.
I think most people know exactly where they put it too, so this sounds to me like a solution to a problem that doesn't exist. Not to mention the "tack" in the name might easily be short for "tacky", for it doesn't exactly look cool wearing your lens cap like that.
If you can remember putting a lens cap on the tack, you can also easily remember putting it in the same pocket every time you take it off the lens. If you're the kind of person who forgets easily, you'd most likely forget to bring your HACKxTACK anyway...
If you can't remember to put your lens cap in your pocket as soon as you take it off your lens, how will you remember to put it on the magnetic hanger-onner thingy?
As others have said, the solution to this "problem" is simple: every single time you remove the cap it immediately goes in your pocket. You don't remove the cap; you remove-and-store the cap.