Who owns the copyright to a photo, and how much creative input is required?
Asked 8/7/2014
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If one person sets up the camera, lighting, composition, and session, but someone else presses the shutter, who owns the copyright to the photo? More generally, how much creative effort or authorship is needed before a photograph is protected by copyright? I’m thinking of cases like a portrait taken by someone else, or the well-known “monkey selfie” discussion where the shutter wasn’t pressed by the photographer who arranged the shot.
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
12y ago
2 Answers
1
Since your question appears to be about the effort to create/compose a photograph, I'm expanding the discussion to any art (including photography) because copyright laws equally apply and there is precedence regarding your question.
So, in general, in jurisdictions I know of, unless it's a work for hire, the creator of the art (a photograph,a painting, musical composition, essay, etc) owns the right.
This is true, even if it appears to be random or it appears there was no intellectual effort to create that piece of art. One example is a musical composer, John Cage, who composed much of his music using random numbers generated by iChing 'throws'. One of his copyrighted pieces was actually 4 minutes and 33 seconds of silence, called, not surprisingly, " 4'33" ". So, here is something, or rather about 4 and a half minutes of nothing, that is copyrighted. (Before someone says I'm being disrespectful to this famous avant-garde composer, I do respect his work and I actually worked with John Cage just before he died to use his random number technique to help him create some paintings. My job was to carry the rocks. )
Another example, this time of visual art, Gianni Motti, created a series of invisible art pieces, called Magic Ink - essentially they are blank canvases. You can see (or not see) those pieces of copyrighted art along with other similar copyrighted invisible pieces in this link. http://www.zimbio.com/pictures/bApkGpDSnKu/Press+Preview+Hayward+Gallery+Invisible+Art/browse
Although these artist did have skills, these examples show it is possible to have zero skills to copyright anything or even copyright nothing.
By the way, I'm not showing disrespect to any of the aforementioned artists/composers. I'm just pointing to the fact that even a box of nothing can be copyrighted, so it doesn't require skill to create a copyright-able work.
Originally by user28139. Source · Licensed CC BY-SA 4.0
user28139
12y ago
0
Generated from our catalog & community — verify before relying on it.
In general, copyright belongs to the creator of the work unless it is a work-for-hire or assigned by contract. For photography, the key idea is authorship: who made the creative decisions that produced the image, not merely who physically touched the shutter button.
The community answers point out that copyright law does not usually require a high level of effort, skill, or artistic merit. Even works that seem random or minimal can still be protected if they are treated as authored creative works.
So the bright line is not “how much effort” but whether there is a human author behind the image. If a photographer organized the shoot, chose the equipment, framing, focus, timing, and overall setup, that person may be the author even if another human pressed the button as part of that directed process. In a portrait of you, the photographer typically owns the photo’s copyright, while separate rights about your likeness may also exist.
In the monkey selfie example, the dispute arose because a non-human pressed the shutter; copyright generally requires human authorship.
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