Who owns the copyright when a stranger takes a photo of me with my camera?
Asked 10/11/2022
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If I hand my camera to a stranger and ask them to take a photo of me in front of a landmark, who usually owns the copyright to that photo? Does it matter whether they simply press the shutter versus making creative choices about composition, framing, or settings? I'm mainly wondering whether it's safe to upload such photos online for personal use, and whether the answer changes by country.
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
3y ago
2 Answers
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The Wikimedia Foundation's legal team once analyzed this under US law. You can read their analysis here: Authorship and Copyright Ownership. The summary is that it depends on who had how much creative control over the end result.
In practice, it will almost never be a problem. The stranger is not going to remember that exact photo and is not going to sue anybody. The Wikimedia Foundation analyzed this most likely because Wikimedia projects pay attention to copyright even when the copyright holder probably will not care.
Originally by user96847. Source · Licensed CC BY-SA 4.0
user96847
3y ago
0
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Usually, the person who actually takes the photo is the likely copyright owner, because copyright generally follows authorship. If the stranger makes creative choices such as framing, timing, composition, or settings, that strengthens the case that they are the author. If they are acting almost entirely under your direction, there may be an argument for joint authorship or that their contribution was not meaningfully creative, but that depends on the law of the country.
Under U.S. analysis often cited for this situation, authorship depends on who exercised the creative control over the final image.
Practically, this is almost never a real-world problem. A stranger is very unlikely to track the image, recognize it, or object to your personal online use. There is also a strong common-sense argument that, by agreeing to take the photo at your request and handing the camera back without conditions, they have at least implicitly allowed you to use that photo for the purpose it was taken.
So: technically, the stranger often owns the copyright, but for ordinary personal sharing, this is usually a non-issue. Laws vary by country.
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