Yes, but, once again the question being asked here is WHO really MADE THE PHOTO? Per copyright law the work must be fixed and perceivable to be covered by copyright and the shooter in this scenario didn't fix the image in a perceivable form. Please try to understand that idea before posting further comments.
No, I didn't. I said "Just as much a photographer ..." NOT "... just as much the photographer."
Is this a real question (meaning about a real situation) or a hypothetical just for discussion?
Yes, I would agree with this.Oh, I get it. There is no question that the image is fixed in the latent image by the chemical change in the emulsion. I also realize that it's not immediately perceivable. However, the person developing the film can only lay claim to rendering visible what was already there in the film. For that reason, person B has less involvement with the actual image.
Still, processing film doesn't make anyone "just as much a photographer".
Mostly if commercial use of the found images is anticipated. Other than that it seems like hypothetical without much concern for ethics.Lots pf people find old unprocessed film and I've found many such rolls over the years. Seems real enough to me.
Its already been decided long ago. It is the taking of the photograph that creates the copyright.Well, ultimately a court will have to decide.
Only in the US.I've always heard "The copyright starts when the image is taken." However, if an image is not actually registered with the copyright office, the ability to recover damages is limited.
Copyright law says a work must be in a fixed and perceivable form to be covered by copyright. Once again the question being asked here is: Did the shooter in your scenario satisfy that requirement? Can an invisible unprocessed latent film image be considered to be in a fixed and perceivable form?
Once again the question being asked here is: Did the shooter in your scenario satisfy that requirement?
It seems to me that you are splitting hairs. That often works but often fails as a defense. A reasonable person would interpret based on the intent and what's right rather than weasel-worded twists of the language.Well, here's the thing: I don't think copyright law takes into account the scenario where one person exposes film and then another takes possession of the film and processes it and in so doing fixes the images and makes them perceivable.
You seem to want to make an arbitrary distinction between chemical and electronic devices required for perception. If you make a tape recording you can't perceive anything on the tape without the aid of a tape playback machine. If you take a digital image, you can't perceive anything on the SD card without the aid of a computer and software. If you take a film image you can't perceive anything without the aid of a film processing machine. There is no reason all three type of devices should not be treated equally. There is no copyright issue with someone making a tape recording, and then someone else taking possession of the tape recording before it is played back, or someone taking digital images and someone taking possession of the SD card before the images are viewed. Likewise, there should be no issue with someone taking film photographs, and someone taking possession of the unprocessed film. Keep in mind the purpose of the Copyright Act: to protect creators of artistic, literary, etc. works. The person who simply plays back a tape, views digital images on a computer, or processes film should not have rights superior to the actual creator of the sound, or digital or film images.Well, here's the thing: I don't think copyright law takes into account the scenario where one person exposes film and then another takes possession of the film and processes it and in so doing fixes the images and makes them perceivable.
How would one prove who took the picture without a documented trail of who used the camera, or who may have taken shot 3 and handed it to a stranger to take shot 12?
What possible interest would the heirs of the wedding photographer have in your mother's sixty year old wedding photo? Are they really going to file a copyright infringement lawsuit to prevent you from making a copy of your mothers wedding photo? Use some common sense. And how exactly did Walmart come to the conclusion that you didn't have the right to make a copy of your mother's wedding photo? I don't recall any photo finisher ever asking me if I owned the copyright to family photos when I had copies made.This is the US patent offices most recent report on orphaned works. It is a long read, but interesting.
https://www.copyright.gov/orphan/reports/orphan-works2015.pdf
My interest in all of this this stems from my mother's wedding portrait, photographed in 1958. Since the photographer was alive in 1958, the copyright extends until at least 2028 and probably longer. I have done online searches, and not unexpectedly, this studio is no longer in business. I know only the photographers last name so searches for him are also fruitless. I have scanned the images for archival purposes. I have no way of knowing the status of the images rights. Did he leave them to one or more descendants or sell them to another photographer or release them to the public domain on his death? I doubt the negatives still exist, but if they do, I have no way to locate them. It's a legal quandary. Wal-mart among others will not print my images because I can't prove I own the copyright - other services have done it for me since it is so old. It is extremely unlikely that the copyright owners will ever know of my "illegal" use of their images and I am not really worried about being sued for infringement. Still, it would be nice to know when the copyright expires, and I have complete legal use of the print.
Anytime something goes to court, the lawyers always win.
What possible interest would the heirs of the wedding photographer have in your mother's wedding photo. You probably have a box of miscellaneous family photos. Are you going to seek out the heirs of your Aunt Matilda to get permission to make a copy of one of the photos she may have taken.
This is the US patent offices most recent report on orphaned works. It is a long read, but interesting.
https://www.copyright.gov/orphan/reports/orphan-works2015.pdf
My interest in all of this this stems from my mother's wedding portrait, photographed in 1958. Since the photographer was alive in 1958, the copyright extends until at least 2028 and probably longer. I have done online searches, and not unexpectedly, this studio is no longer in business. I know only the photographers last name so searches for him are also fruitless. I have scanned the images for archival purposes. I have no way of knowing the status of the images rights. Did he leave them to one or more descendants or sell them to another photographer or release them to the public domain on his death? I doubt the negatives still exist, but if they do, I have no way to locate them. It's a legal quandary. Wal-mart among others will not print my images because I can't prove I own the copyright - other services have done it for me since it is so old. It is extremely unlikely that the copyright owners will ever know of my "illegal" use of their images and I am not really worried about being sued for infringement. Still, it would be nice to know when the copyright expires, and I have complete legal use of the print.
That's true... but the Original Poster is in the US.Only in the US.
Steve.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?