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Oscars Twitter photo

Discussion in 'Non-Vegas Chat' started by Gomar, Mar 5, 2014.

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  1. Gomar

    Gomar Low-Roller

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    Diane Sawyer is wrong! She just said on ABC News that because Bradley Cooper took that Twitter photo on the Oscars he is the copyright holder. Wrong!

    The device belonged to Ellen, not Mr.Cooper; she only asked him to take it as
    he was at the right spot and he had long arms. In fact, at first she asked
    someone else to take it, but then gave the phone to Mr.Cooper instead.

    Now, suppose I go to some spot on vacation, say Grand Canyon, NYC, Vegas,
    Paris, or whatever, and I ask someone to take photos of me with _my_ camera.
    According to what was said, the stranger owns the shot... and thereby has the right at anytime in the future to ban me from using it, posting it, showing it, and even demand I delete it.
    Got it.

    Thus, say my wife snaps shots of me with me grandpa who passes away 2 months later, then we get divorced, she has the right to demand I delete all shots and trash all the prints?! ok.
     
  2. undathesea

    undathesea Grandissimo

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    She sure is wrong!

    Either that or she checked with the enormous amounts of lawyers that ABC has in-house when doing a story about legal rights to photos taken and she's absolutely right and you're absolutely wrong.

    My money is on Diane Sawyer being right. Guess who is wrong?
     
  3. ken2v

    ken2v This Space For Rent

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    I'll tell you what, I have no freakin' clue what this is about.

    As for copyright, I'm no attorney and I didn't stay in a Holiday Inn Express last night, but I think I'd side with who took the shot/wrote the words/painted the picture absent a contract to the contrary. Every single one of my contracts address the holder of the rights, and in what form. Then there's the staff/freelancer matter. When you get a salary is it work-for-hire absent something written to the contrary?
     
  4. Kickin

    Kickin Flea

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    This is such a silly news item but surprisingly it seems like Diane Sawyer is right and that Cooper owns the copyright.

    There was a short editorial on Bloomberg Law about this yesterday or today. They argued that the copyright law is pretty clear, whoever created the original photo holds the copyright. It doesn't matter whose camera it was on, it literally belongs to whoever pushed the button. If he had a signed agreement with Degeneres than it could be considered work-product, but absent a signed agreement the courts haven't apparently held up verbal agreements in these cases. This surprised me because in that case if you give someone your camera to take a picture of you, then they own the copyright.

    They also said things get murky because it was tweeted. You can use photos on twitter for non-commercial use. So that put it in the public space or something like that.

    I don't have access to my bloomberg right now, but will search for that editorial next time I'm on it and paste it here.
     
  5. dfalk

    dfalk VIP Whale

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    Makes sence I guess. Say I had a fancy camera, let some professional photographer use it to take money making pictures, then say its my camera and all those photos belong to me. I could see how the photographer would be pretty pissed about that.
     
  6. wpete

    wpete High-Roller

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    Wow. Must be a slow news day. I guess that whole Ukraine thing is over.
     
  7. dfalk

    dfalk VIP Whale

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    Nope, still front page news on Fox and CBS.
     
  8. jerseyguy

    jerseyguy VIP Whale

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    This is big news all right

    Now some old pudd-knocker down in Texas takes a picture of him and his two dogs. This gets tweeted all over the place ,this is on the news,who really gives a crap about any of this ? I guess tweeters.
     
  9. DBear

    DBear VIP Whale

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    Peter Nyong'o owns the picture! If he doesn't, then the pizza delivery man owns it.
     
  10. UTE

    UTE Plastics

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    If push came to shove (e.g., this case ended up in court) it's more than likely the Academy (AMPAS) would prevail as the copyright owner of the pic.

    The only cameras allowed inside were Academy-approved and used. No private phones/cameras were allowed. And, the phone(s) used were provided by a sponsor specifically for Academy use. Ellen was (for that night) an Academy employee and she directed the use of the (camera phone) equipment.

    Bill
     
  11. MNHornet09

    MNHornet09 Low-Roller

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    I'm not sure I, nor any of the parties involved in the photo peticularily care who "owns" the pic.
    To be honest, I don't even know why I responded to this.
     
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