H2Andy:this is the kind of stuff that only happens in law school finals
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without any legal precedent of any kind that i am aware of, i would argue that whoever looks through the viewfinder and snaps the picture is the author
unless, of course, they agree to split authorship rights ahead of time
if you don't want someone else to own a picture, don't hand them the camera to snap the picture
Probably why I didn't study law...
Well, as an overwhelmed rank novice underwater photographer, if I were a lawyer, I'd argue that pressing the shutter is the smallest part of creating that image. If I had to choose one and only one author of the image, it'd be the guy who did all the hard work.