Who owns the picture?

[Mal]

Apart from having the chance to brag about who I was working with on Friday. I have a question.
I always take my camera along to these sort of gig’s for photo’s for my personal collection. However yesterday the official photographer was not available, so the producer asked if they could use my camera. I said OK. I set the camera up, eg white balance, aperture correct lens etc, but had someone else take the photos.
My question is who owns the pictures?
The reason I didn't take the picture is becasue I am the monster on the left!

[myarhidia]

From the little I know, the person that took the picture, even though he used your equipment & you set it up for him. Maybe this will help
http://dslrusers.com/viewtopic.php?t=18278

[gstark]

That is correct.

Are you expecting issues to arise?

[rmp]

Usual disclaimer about not being a lawyer etc...

The person who took the shot owns the copyright, not the owner of the gear. Otherwise if you rented gear who would own the shots!

However, that's not always the case, for example photogs working for a newspaper don't own their shots, the newspaper does because that's written into the contract.

Check out http://www.copyright.org.au for more info.

[Mal]

That is correct.

Are you expecting issues to arise?

No not really as I have a good working relationship with Nickelodeon. I suppose it is in relation to site such as this, I am technically posting a picture that is not mine, and as such I should remove it.

[sheepie]

a little off topic, my wife would appreciate his autgraph when you get a chance

[Mal]

a little off topic, my wife would appreciate his autgraph when you get a chance

I am assuming Elmo's not Ollies

[sheepie]

she said she's in love with both - does that mean you're having an affair with my wife???

[mark]

Hi Mal,

My kids love ya! Sure their big fans of Elmo, but they think you're great too.
Are we correct to assume from your Avitar that you also are Modi from Creature Features?

[Mal]

she said she's in love with both - does that mean you're having an affair with my wife???

Technically it is only my left hand that is having the affair!!! :)

[Mal]

Hi Mal,

My kids love ya! Sure their big fans of Elmo, but they think you're great too.
Are we correct to assume from your Avitar that you also are Modi from Creature Features?

Thanks and yes.

[Nnnnsic]

I'd like an autograph from Elmo too, if I could...

There's something disturbing about Elmo that I like.

Not for the same reason I like Stitch, but something else...

[sheepie]

its sheepies better half here,
ok leigh this is the way the law stands.....
Manda has dibs on all things Elmo, we were lovers in a previous life and are destined to be together again in the future.
Translation.......back off b!#*$ he's all mine

[gstark]

That is correct.

Are you expecting issues to arise?

No not really as I have a good working relationship with Nickelodeon. I suppose it is in relation to site such as this, I am technically posting a picture that is not mine, and as such I should remove it.

Probably best to have a quick word with them about it. Casual, but enough to clarify the situation to your satisfaction. By all means, point out that you might like to post some of the images on your website purely for your self satisifaction, as distinct from any sort of commercial interest, and ask the questions about copyright etc, because there's also the copyright in the characters and costumes that might be at issue as well.

Far better to be up front and get a no now, rather than become entangled in amess further down the track.

For the moment, and with knowledge of the providence of these images that you've provided, I don't have any issue with you posting them. If the situation changes, then I'm confident that you'll either raise any further questions that might arise, or take whatever action you deem appropriate.

Thanx for raising this, btw; I appreciate the consideration that you give in these matters.

[Nnnnsic]

Translation.......back off b!#*$ he's all mine

Don't make me bring Stitch in... Elmo may be all cute and lovable and fuzzy... but Stitch has that and a trigger happy finger!!!

[gstark]

Mal,

As an adjunct to my previous post, and another of your's just a few posts earlier, I suspect your avatar might be in a similar boat?

[Mal]

That is correct.

Are you expecting issues to arise?

No not really as I have a good working relationship with Nickelodeon. I suppose it is in relation to site such as this, I am technically posting a picture that is not mine, and as such I should remove it.

Probably best to have a quick word with them about it. Casual, but enough to clarify the situation to your satisfaction. By all means, point out that you might like to post some of the images on your website purely for your self satisifaction, as distinct from any sort of commercial interest, and ask the questions about copyright etc, because there's also the copyright in the characters and costumes that might be at issue as well.

Far better to be up front and get a no now, rather than become entangled in amess further down the track.

For the moment, and with knowledge of the providence of these images that you've provided, I don't have any issue with you posting them. If the situation changes, then I'm confident that you'll either raise any further questions that might arise, or take whatever action you deem appropriate.

Thanx for raising this, btw; I appreciate the consideration that you give in these matters.

Thank Gary,

I have a fairly iron clad contract with Sesame and Nickelodeon both here and in the States, and part of that contract says that I am allowed to use imagaes taken on shoots for my own personal portfolio.
Bu I will have a chat with the office on Monday.
thanks again for your advice

[Mal]

Mal,

As an adjunct to my previous post, and another of your's just a few posts earlier, I suspect your avatar might be in a similar boat?

No actually I took that one using the self timer and a tripod!

[sheepie]

well done on getting this back on topic guys - I must apologise for my wife's outburst!

[gstark]

well done on getting this back on topic guys - I must apologise for my wife's outburst!

I'm becoming quite used to that, Leon.

[Matt. K]

I don't think it's quite that cut and dried. The person who took the picture is the author and owns the copyright unless their was an agreement otherwise. But you own digital file that is on your camera. You are under no obligation to give it to him.
This is not a legal opinion but I would be suprised if it was wrong.

[Alpha_7]

Mal is that a picture of you and Kevin or you and Elmo (you and in you, not your puppet ?)

[Mal]

I don't think it's quite that cut and dried. The person who took the picture is the author and owns the copyright unless their was an agreement otherwise. But you own digital file that is on your camera. You are under no obligation to give it to him.
This is not a legal opinion but I would be suprised if it was wrong.

I will have a chat to the Sesame St guys on Monday at see what their view on the matter is. And post the responce

Mal is that a picture of you and Kevin or you and Elmo (you and in you, not your puppet ?)

The piture is of Ollie and Elmo, the puppeteers are Me and Kevin.

[Alpha_7]

Mal is that a picture of you and Kevin or you and Elmo (you and in you, not your puppet ?)

The piture is of Ollie and Elmo, the puppeteers are Me and Kevin.

my Sony, I was meant to ask do you have a shot of you and kevin or you and elmo.

[nito]

Mal, I feel star struck! My wife and I both enjoy elmos performances.

Would you mind if I download the original and print it out? I like the shot!

[Mal]

my Sony, I was meant to ask do you have a shot of you and kevin or you and elmo.

Craig, based on what this thread is about I will not post the picture here, but you can see it on my website http://malnetau.smugmug.com/gallery/1118401/1/17215369

Mal, I feel star struck! My wife and I both enjoy elmos performances.

Would you mind if I download the original and print it out? I like the shot!

Nito, do you mind waiting until I have had a chat with Sesame (read the orginal reason for this post)