Image ownership & credit

[bladephotog]

I can't wait for this post-dive conversation with my buddy. "I know you've taken 100 shots of me diving, but you still owe me $25 for taking your picture with your camera."

 

[Warren_L]

To put things into context, at least for my typical scenario, it is not really discussed before the dive whether the camera will be handed off or not, as this is not pre-planned. What happens most of the time is, once we are down on the dive, if my buddy wants to shoot some pictures, he may motion to me to hand off the camera. It usually doesn't happen until later in the dive once I've had a chance to shoot some pictures first. When this happens, I choose to hand it off (most time) and on occasion, I will wave him off if there's more that I want to do.

 

[Diver Dennis]

Yeah, with no real discussion I have no idea.

 

[bladephotog]

To put things into context, at least for my typical scenario, it is not really discussed before the dive whether the camera will be handed off or not, as this is not pre-planned. What happens most of the time is, once we are down on the dive, if my buddy wants to shoot some pictures, he may motion to me to hand off the camera. It usually doesn't happen until later in the dive once I've had a chance to shoot some pictures first. When this happens, I choose to hand it off (most time) and on occasion, I will wave him off if there's more that I want to do.

I'm the same way. Fortunately my dive buddies are all close friends so it's not an issue. And when I hand off my camera it's only so they can get a pic or two of me, which is hardly worth anything to anyone other than me. But if they were to shoot a great photo they wanted to enter in a contest or sell then I'd give them the file and say good for you.

 

[OHGoDive]

Wouldn't it just be a collaboration? It took both of you to create the final product. Same as multiple authors on a paper, with both parties holding rights?

If two people work on a publication, they are joint owners and both have rights, regardless of whose computer was used to "create" the final product. Right?

 

[Scubatooth]

technically its the buddies if you follow the copyright laws in the US as he took it, but its gray because of the owner of the gear and such.

I say discuss it after the dive and collaborate on the details, if anything call it a TFP or TFCD (time for print or CD) and make it a even trade.

as for filing suit, have fun with that, as the average person would be just to have a copy of the mag as a brag piece.

 

[alcina]

So many grey areas and I'm sure it's going to vary case by case.

Here's another scenario: creating an image for possible future uses -whether prearranged or on the spot on the dive decided, I hand off my camera to have someone pull the shutter for me. I have set up everything for the shot...I'm using a human as my remote control shutter release only. Who then?

Very interesting discussion for sure.

 

[Thalassamania]

The "intelectual property rights" to the image belong to the artist.

 

[Cacia]

Here's another scenario: creating an image for possible future uses -whether prearranged or on the spot on the dive decided, I hand off my camera to have someone pull the shutter for me. I have set up everything for the shot...I'm using a human as my remote control shutter release only. Who then?

Some freediver friends want an image for a contest.

They take it with my help, my camera...I think that is fine....it's not?

 

[Thalassamania]

So many grey areas and I'm sure it's going to vary case by case.

Here's another scenario: creating an image for possible future uses -whether prearranged or on the spot on the dive decided, I hand off my camera to have someone pull the shutter for me. I have set up everything for the shot...I'm using a human as my remote control shutter release only. Who then?

Very interesting discussion for sure.

You're arguably the artist.

Here’s an example. I was running support diver operations for the Deep Rover submersible sea trials. Sylvia Earle was making one of the dives and as I was strapping an ORCA computer on the sub’s manipulator arm (as a joke) she handed me her Nikonos and said, get some shots. I did. One of those shots has been printed about a million times as a Rolex advert (check the sub’s right arm, see the blue ORCA?). I framed the shot, lit it, etc. so by strict rights I should have a photo credit on that image and potentially licensing fees for its use, but we’re all friends and we all swap cameras all the time and we don’t push issues like that. I suggest that’s likely the best way to deal with it. I was surprised when I got an unexpected photo credit and check from a dive magazine for some photos that I took with Sylvia’s camera, she’d used them in an article and done right by me.