Forgot Password
Pentax Camera Forums Home
 

Reply
Show Printable Version Search this Thread
09-26-2015, 03:46 PM   #31
Pentaxian




Join Date: Dec 2010
Location: Ontario
Photos: Gallery
Posts: 3,209
QuoteOriginally posted by mechmike10 Quote
By PETA's logic, if you use a lightning trigger to take a photo of lightning, the photo belongs to the lightning.
It would actually belong to Thor, but I'll be Odin-damned if I'm going to presume to file copyright complaints on behalf of the Thunderer.

09-26-2015, 05:55 PM   #32
Site Supporter
Otis FanOtis FanOtis FanOtis FanOtis FanOtis Fan
Site Supporter
Rupert's Avatar

Join Date: Sep 2006
Location: Texas
Photos: Gallery | Albums
Posts: 25,123
I'm on the side of the monkey....no doubt the Supremes would rule that if corporations are people too...so are monkeys!

Regards!
10-07-2015, 09:25 AM   #33
Veteran Member
FantasticMrFox's Avatar

Join Date: Oct 2014
Location: Munich
Posts: 2,211
The case is a bit more complicated than at first glance.

Obviously, the first obvious thing is that PETA is wrong in claiming copyright for the monkey. Under both US and UK law (and I assume the laws of pretty much any country) non-human animals cannot hold copyright. Easy as that. However, on the other hand Slater may not hold the copyright either.

A lot of the discussion comes down to determining which actions in creating a photograph determine copyright ownership. For example, let's assume that I want to create a landscape photograph in which I appear myself, but that cannot be accomplished with remote controls or a timer (because maybe I am too far away in the scene). I set the camera up on a tripod, select exposure and composition, position my filters, then tell someone else to simply press the shutter on my command, and subsequently post-process the whole thing. Now who owns the copyright, I or the random person who pressed the shutter?

Common sense would dictate that I hold the copyright, however most laws aren't that clear. UK law dictates that who 'creates' an artwork holds the copyright, and pressing the shutter is at least one step in the process of creating it. German copyright law actually allows for shared copyright ownership, where people who collaborate on the creation of an artwork share the copyright and ultimately proceeds from it.

The story of Slater is even less clear cut. He himself described the incident as the monkey sneakily grabbing his camera, then going off on a selfie spree. So by his own account Slater did not plan the incident and he did not set the camera up specifically for the monkey to use. The monkey did all the work. Thus I'd be hard pressed to recognise Slater's copyright claim, he simply didn't create any of the images. Consequently I would classify the images as public domain, with no party (neither Slater, nor the monkey or PETA) having a valid claim on their copyright.
Reply

Bookmarks
  • Submit Thread to Facebook Facebook
  • Submit Thread to Twitter Twitter
  • Submit Thread to Digg Digg
Tags - Make this thread easier to find by adding keywords to it!
animals, behalf, claims, court, equipment, guy, images, imo, internet victim-shaming, law, lawsuit, life, lightning, monkey, ownership, pd, peta, photo, photographer, photography, post, property, royalties, u.s, wikipedia
Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Cityscape A few from the British Museum sealonsf Post Your Photos! 5 04-09-2015 10:56 AM
Good Grief! This MUST be a Hurricane Katrina victim! Dewman Pentax SLR Lens Discussion 25 03-16-2015 07:16 PM
Macro Corpse ( Presenting the victim of a ) old4570 Post Your Photos! 4 11-05-2014 12:09 AM
Now THIS is a Wedding Photographer MRRiley Photographic Industry and Professionals 21 06-18-2014 05:16 AM
Is 1.30 the latest firmware for the K10D? crispy0009 Pentax DSLR Discussion 4 01-08-2009 03:38 AM



All times are GMT -7. The time now is 06:52 PM. | See also: NikonForums.com, CanonForums.com part of our network of photo forums!
  • Red (Default)
  • Green
  • Gray
  • Dark
  • Dark Yellow
  • Dark Blue
  • Old Red
  • Old Green
  • Old Gray
  • Dial-Up Style
Hello! It's great to see you back on the forum! Have you considered joining the community?
register
Creating a FREE ACCOUNT takes under a minute, removes ads, and lets you post! [Dismiss]
Top