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Who owns the picture?

PostPosted: Sat Jul 15, 2006 12:43 pm
by Mal
Image

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!

PostPosted: Sat Jul 15, 2006 12:48 pm
by 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

PostPosted: Sat Jul 15, 2006 12:53 pm
by gstark
That is correct.

Are you expecting issues to arise?

PostPosted: Sat Jul 15, 2006 12:55 pm
by 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.

PostPosted: Sat Jul 15, 2006 12:56 pm
by Mal
gstark wrote: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.

PostPosted: Sat Jul 15, 2006 1:22 pm
by sheepie
a little off topic, my wife would appreciate his autgraph when you get a chance ;)

PostPosted: Sat Jul 15, 2006 1:23 pm
by Mal
sheepie wrote:a little off topic, my wife would appreciate his autgraph when you get a chance ;)

I am assuming Elmo's not Ollies :(

PostPosted: Sat Jul 15, 2006 1:26 pm
by sheepie
she said she's in love with both - does that mean you're having an affair with my wife???

PostPosted: Sat Jul 15, 2006 1:30 pm
by 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?

PostPosted: Sat Jul 15, 2006 1:30 pm
by Mal
sheepie wrote: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!!! :):)

PostPosted: Sat Jul 15, 2006 1:31 pm
by Mal
mark wrote: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.

PostPosted: Sat Jul 15, 2006 1:35 pm
by 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...

PostPosted: Sat Jul 15, 2006 1:45 pm
by 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 ;)

PostPosted: Sat Jul 15, 2006 1:48 pm
by gstark
Mal wrote:
gstark wrote: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.

PostPosted: Sat Jul 15, 2006 1:49 pm
by Nnnnsic
sheepie wrote: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!!!

PostPosted: Sat Jul 15, 2006 1:51 pm
by 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? :)

PostPosted: Sat Jul 15, 2006 2:00 pm
by Mal
gstark wrote:
Mal wrote:
gstark wrote: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

PostPosted: Sat Jul 15, 2006 2:01 pm
by Mal
gstark wrote: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!

PostPosted: Sat Jul 15, 2006 2:05 pm
by sheepie
well done on getting this back on topic guys - I must apologise for my wife's outburst!

PostPosted: Sat Jul 15, 2006 2:18 pm
by gstark
sheepie wrote: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. ;)

PostPosted: Sat Jul 15, 2006 3:12 pm
by 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.

PostPosted: Sat Jul 15, 2006 4:50 pm
by Alpha_7
Mal is that a picture of you and Kevin or you and Elmo (you and in you, not your puppet ?)

PostPosted: Sun Jul 16, 2006 11:20 am
by Mal
Matt. K wrote: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

Alpha_7 wrote: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.

PostPosted: Sun Jul 16, 2006 11:57 am
by Alpha_7
Mal / Ollie wrote:
Alpha_7 wrote: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.

PostPosted: Sun Jul 16, 2006 12:53 pm
by nito
Mal, I feel star struck! My wife and I both enjoy elmos performances. :D

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

PostPosted: Sun Jul 16, 2006 1:42 pm
by Mal
Alpha_7 wrote: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

nito wrote:Mal, I feel star struck! My wife and I both enjoy elmos performances. :D

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)