who took the picture?

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robertwsimpson

robertwsimpson

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I originally wrote prime rib, but then I was like, wait a minute, you don't grill a prime rib. But that's what I really want. People will notice. Ok, fine, T-bone it is.
 

Pugs

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Mm... Prime rib... When I was on my honeymoon in Ireland, apparently prime rib is considered a less desireable cut because it's fatty and so it's pretty cheap. I was eating prime rib every night for like six American dollars! Granted, that was over a decade ago and the exchange rate isn't as favorable. Heaven... rare... prime... rib...
 
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robertwsimpson

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Mm... Prime rib... When I was on my honeymoon in Ireland, apparently prime rib is considered a less desireable cut because it's fatty and so it's pretty cheap. I was eating prime rib every night for like six American dollars! Granted, that was over a decade ago and the exchange rate isn't as favorable. Heaven... rare... prime... rib...

:hug::
 

KmH

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....If I dictate an article and my secretary writes it down exactly as I say it, I'm the copyrightholder of that article, not she.
I don't think you own the copyright in that circumstance. Not in the US or the countries of most of the other signators of the Berne Convention of 1986, because you didn't commit your comments to a tangible medium.


Copyright protects “original works of authorship” that are
fixed in a tangible form of expression.
http://www.copyright.gov/circs/circ1.pdf

If you dictate to a recording and your secretary subsequently transposes it, you own the copyright because you put your words on a tangible medium, the recording.
 
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robertwsimpson

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....If I dictate an article and my secretary writes it down exactly as I say it, I'm the copyrightholder of that article, not she.
I don't think you own the copyright in that circumstance. Not in the US or the countries of most of the other signators of the Berne Convention of 1986, because you didn't commit your comments to a tangible medium.


Copyright protects “original works of authorship” that are
fixed in a tangible form of expression.
http://www.copyright.gov/circs/circ1.pdf

If you dictate to a recording and your secretary subsequently transposes it, you own the copyright because you put your words on a tangible medium, the recording.

see? THAT is a specific citation :)
 

CSR Studio

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What many people in this thread seem to forget is that you still have an originality requirement in copyright law. The definition of originality varies from country to country, but stating that the person who hits the shutter will always be the copyright holder is an oversimplification. The creation should exhibit a more the neglible skill and if the only thing a person does is hitting the shutter, it's very unlikely that a court will consider him the copyright holder.

If I dictate an article and my secretary writes it down exactly as I say it, I'm the copyrightholder of that article, not she.

It is not originality, it is creation and it is indeed that simple. Whoever hits the shutter creates the image. Period. The only time that would change is if you have an employee or a piece of work ordered or commissioned.
 

raptorman

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I don't think you own the copyright in that circumstance. Not in the US or the countries of most of the other signators of the Berne Convention of 1986, because you didn't commit your comments to a tangible medium.


Copyright protects “original works of authorship” that are
fixed in a tangible form of expression.
http://www.copyright.gov/circs/circ1.pdf

If you dictate to a recording and your secretary subsequently transposes it, you own the copyright because you put your words on a tangible medium, the recording.

With all respect, but you think wrong. You clearly lack understanding of copyright law, just like anyone else I've seen posting here. Tangible form does not mean material form, which you can by the way find in the Berne convention:

art. 2 (2) It shall, however, be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.

The principle is that you get protection for fixed form and non-fixed from creations, the exception is that countries can decide to not protect work that hasn't some material form. (deja-vu, copy-paste from another discussion with a wannabe lawyer overhere) In Belgium I'll own the copyright of an article dictated to my secretary (and if you'd understand Dutch I could give references to case law). In the US it'll depend on how you have the Berne convention implemented but if I'm not mistaken your Copyright Act requires a material form. But that's not the rule of the Berne convention, it's the exception.

Copyright is so much more then just reading a copyright act. Just like reading a book about photography doesn't make you a decent wedding photographer, reading an act or law about copyright doesn't make you an IP lawyer.

KmH, you're in my opinion a great photographer and your knowledge on the subject is amazing, but please stick to your business.
 
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robertwsimpson

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I don't think you own the copyright in that circumstance. Not in the US or the countries of most of the other signators of the Berne Convention of 1986, because you didn't commit your comments to a tangible medium.


Copyright protects “original works of authorship” that are
fixed in a tangible form of expression.
http://www.copyright.gov/circs/circ1.pdf

If you dictate to a recording and your secretary subsequently transposes it, you own the copyright because you put your words on a tangible medium, the recording.

With all respect, but you think wrong. You clearly lack understanding of copyright law, just like anyone else I've seen posting here. Tangible form does not mean material form, which you can by the way find in the Berne convention:

art. 2 (2) It shall, however, be a matter for legislation in the countries of the Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form.

The principle is that you get protection for fixed form and non-fixed from creations, the exception is that countries can decide to not protect work that hasn't some material form. (deja-vu, copy-paste from another discussion with a wannabe lawyer overhere) In Belgium I'll own the copyright of an article dictated to my secretary (and if you'd understand Dutch I could give references to case law). In the US it'll depend on how you have the Berne convention implemented but if I'm not mistaken your Copyright Act requires a material form. But that's not the rule of the Berne convention, it's the exception.

Copyright is so much more then just reading a copyright act. Just like reading a book about photography doesn't make you a decent wedding photographer, reading an act or law about copyright doesn't make you an IP lawyer.

KmH, you're in my opinion a great photographer and your knowledge on the subject is amazing, but please stick to your business.

:hugs::hugs::hugs::hugs::hugs::hugs:
 

Rockford

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Suppose I go fishing with a buddy, I pick the lure, the fishing location, and the time, and I sit there for a while waiting for a bite while my buddy reads a magazine. After a while I finally hook a fish, reel it up to the boat where I can see it, but then hand the rod & reel to my buddy do performs the mundane task of actually lifting the fish out of the water and into the boat.

Who caught the fish?
Since you were dead sticking the rods,
1. the fish hooked it self
2. you fought the fish
3. your buddy landed the fish
Your buddy caught it, and you as the captain "put him on the fish". All credit always goes to the captain.

I ate the fish and thanked all involved.
 

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