I have withdrawn my previous post titled "Copyright Issues" - it was intended as light hearted comment.
I was really musing this question
"If a man puts a girl over his knee and spanks her bottom while someone else takes a photograph, who has creative rights/copyright on the results?
a) The spanker (responsible for the red patterning produced)
b) The girl
c) The photographer"
and I hinted that it could be argued that the creativity came from the spanker (for the reason given in brackets above) not the photographer, and certainly not from the girl. It wasn't meant to be serious but I did publish one sane and serious response. I didn't publish the others who thought I was denying women's rights, etc.
I humbly admit it would have been better if I had not used a named real person as an example - hence the deletion. To me, of course, the girl is the very essence of the image and I'm not saying that acting or modelling is not a creative role. I wish I'd never mentioned it.
I was really musing this question
"If a man puts a girl over his knee and spanks her bottom while someone else takes a photograph, who has creative rights/copyright on the results?
a) The spanker (responsible for the red patterning produced)
b) The girl
c) The photographer"
and I hinted that it could be argued that the creativity came from the spanker (for the reason given in brackets above) not the photographer, and certainly not from the girl. It wasn't meant to be serious but I did publish one sane and serious response. I didn't publish the others who thought I was denying women's rights, etc.
I humbly admit it would have been better if I had not used a named real person as an example - hence the deletion. To me, of course, the girl is the very essence of the image and I'm not saying that acting or modelling is not a creative role. I wish I'd never mentioned it.
1 comment:
The serious answer, at least in the US, is that the photographer owns the copyright. Anyone whose likeness appears in the photograph may, however, have publicity rights, which vary according to state, but generally require consent for the photograph to be used for commercial or other exploitative purposes.
Just in case anyone was interested...
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