So Who Owns the Copyright? What say you?

Tamron SP AF 17-50mm f/2.8 Di II LD Aspherical (IF) for Canon

08/27/2006 08:31:45 PM · #26

Originally posted by fir3bird:

Were he working for a private company his prospects would not be good. Case law would be against him generally. When we work for the other fellow we give up many of our rights. Working for the public may be different. I think if he comes out and offers his profits to charity, I suspect the mayor has lost.

probably only if that charity was the PPA (police protective association). otherwise, I doubt a judge would care that much.

Message edited by author 2006-08-27 20:33:58.

fitmpdnsthtr

Canon EOS-5D

08/27/2006 08:32:23 PM · #27

I would side with the policeman only due to his hard work and time dedicated to saving lives. I think that what he does with the profits should be his decision. But on the other hand, when I started my current job, I signed a waiver that ANYTHING I invented or descovered, while on company time, is owned by the company. In reality, if I descovered or invented something cool, I would take it home, give it a few weeks and say I was working on it at home. While inspired by my work duties, it did not in fact fall on company time, so it is mine. He did, however, take those photos on company time. But, like any other company, photos taken by him, are subject to bare his name as photog. Sports Illustrated does that, so does National Geographic. He is the creator of those photos, they are just the catylist who provided a good location. Perhaps peole are right who say, neither should get profits, they should go to the families of victims.

Man_Called_Horse

Canon EOS-300D Rebel

08/27/2006 08:40:52 PM · #28

First of all, the Mayor is a jerk.

Second of all, I work on a Touchstone Pictures tv show which is owned by the evil overlord of the dark side of entertainment, Disney.

I signed an agreement that said that any creative enterprises, either written, photographed or drawn is the property of Disney Studio Productions.

I have been working on a treatment for an idea for a show. Won't go into detail.

I have been doing so on the weekends, clocking in, documenting my time, and making sure that no creative enterprises are during Disney time.

My grand father invented a machine that made vanilla, and chocolate swirled cookies at a cookie factory in Chicago called Maurice Lanell. Before hand, the cookies in question were swirled by hand.

He got the blue prints, the company got the machine and the profit. My grandfather got shafted.

The police dept. is a city entity. Taxpayers pay the police, the mayor is the boss.

I don't know, but it seems to me that the police officer needs to get the city of NY behind him and tell the mayor to go to hell.

Just my thoughts.

deapee

Kodak V803

Nikon AF Nikkor 50mm f/1.8D

08/27/2006 08:42:49 PM · #29

If he was working...then he probably doesn't own the copyrights. If he took them on his lunch break or his own time, then it's a bit more obvious.

Nikon AF Zoom-Nikkor 18-135mm f/3.5- 5.6G ED DX

08/27/2006 08:46:04 PM · #30

Originally posted by American_Horse:

see, that's what it's going to come down to. you signed an agreement with Disney. that's clear, and you know what you have to do to maintain your rights. what's unclear here is if it's specifically stated in their collective bargaining agreement that any artistic creation is the property of the city. I'll have to ask my sister (Denver FD) and my father (retired Denver PD) if such a thing ever existed in their collective bargaining agreements.

Rebecca

Nikon D80

08/27/2006 08:47:40 PM · #31

Originally posted by photoheathen:

Originally posted by American_Horse:
First of all, the Mayor is a jerk.

Second of all, I work on a Touchstone Pictures tv show which is owned by the evil overlord of the dark side of entertainment, Disney.

I signed an agreement that said that any creative enterprises, either written, photographed or drawn is the property of Disney Studio Productions.

I have been working on a treatment for an idea for a show. Won't go into detail.

I have been doing so on the weekends, clocking in, documenting my time, and making sure that no creative enterprises are during Disney time.

My grand father invented a machine that made vanilla, and chocolate swirled cookies at a cookie factory in Chicago called Maurice Lanell. Before hand, the cookies in question were swirled by hand.

He got the blue prints, the company got the machine and the profit. My grandfather got shafted.

The police dept. is a city entity. Taxpayers pay the police, the mayor is the boss.

I don't know, but it seems to me that the police officer needs to get the city of NY behind him and tell the mayor to go to hell.

Just my thoughts.

see, that's what it's going to come down to. you signed an agreement with Disney. that's clear, and you know what you have to do to maintain your rights. what's unclear here is if it's specifically stated in their collective bargaining agreement that any artistic creation is the property of the city. I'll have to ask my sister (Denver FD) and my father (retired Denver PD) if such a thing ever existed in their collective bargaining agreements.

Your sister's FD? Neat! I actually took the fire test this year and passed, but I ranked 627 after all the preferences were thrown in so I don't think I'll be getting a phone call anytime soon.

08/27/2006 08:52:29 PM · #32

Originally posted by karmabreeze:

Originally posted by photoheathen:

Originally posted by American_Horse:
First of all, the Mayor is a jerk.

Second of all, I work on a Touchstone Pictures tv show which is owned by the evil overlord of the dark side of entertainment, Disney.

I signed an agreement that said that any creative enterprises, either written, photographed or drawn is the property of Disney Studio Productions.

I have been working on a treatment for an idea for a show. Won't go into detail.

I have been doing so on the weekends, clocking in, documenting my time, and making sure that no creative enterprises are during Disney time.

My grand father invented a machine that made vanilla, and chocolate swirled cookies at a cookie factory in Chicago called Maurice Lanell. Before hand, the cookies in question were swirled by hand.

He got the blue prints, the company got the machine and the profit. My grandfather got shafted.

The police dept. is a city entity. Taxpayers pay the police, the mayor is the boss.

I don't know, but it seems to me that the police officer needs to get the city of NY behind him and tell the mayor to go to hell.

Just my thoughts.

see, that's what it's going to come down to. you signed an agreement with Disney. that's clear, and you know what you have to do to maintain your rights. what's unclear here is if it's specifically stated in their collective bargaining agreement that any artistic creation is the property of the city. I'll have to ask my sister (Denver FD) and my father (retired Denver PD) if such a thing ever existed in their collective bargaining agreements.

Your sister's FD? Neat! I actually took the fire test this year and passed, but I ranked 627 after all the preferences were thrown in so I don't think I'll be getting a phone call anytime soon.

ahh, you never know. boomers are retiring left and right, so you may have a better shot at it than you think.

where did you finish amongst women? that's really the most important placement, even if the department doesn't admit as much.

littlegett

Canon EOS-20D

Canon EF 24-70mm f/2.8L USM

08/27/2006 09:20:10 PM · #33

To me, this sounds like he was 'hired' by the then-police Commissioner Bernard Kerik, for images for his book.

The images of course where taken 'on the clock' to allow him to be on ground zero.

There is to much grey area in this and unanswered questions.

What was his exact duties ??? that will help to understand a dyaliction of duty or just leisure time.

To know exactly what the spoken agreement was between the Photographer and Kerik would be crucial. It could have sounded like (Make sure you get lots of shots of me in the action and looking good. Oh, take whatever other pictures you might want yourself)

I think the Bigest thing they can do is fine him and take away his pension. Basicly for dyrliction of duty. They could most likely also confenscate the images and recall all books containing said images, because they were captured unlawfully.

It was not a public venue, And all 'other' photographers were baned. For whatever reason it was, there was to be no 'outside'images.

Like I was saying there is a lot of shady grey area here. But it seems the city saw the 6 digit number from the other person and got greedy.

Basicly the way the law reads he took them unlawfully and they should be distroyed. No one should benifit from them.

Yet, they have already been in print circulation, so basicly it all goes down to who greases the pocket more to be ruled in favor of.??

MikeJ

Canon EOS-1D Mark II

08/27/2006 09:23:27 PM · #34

Here is a very good case of a government worker that took pictures while he was working and it was found he could not profit from the very famous picture.

Forest Fire and Deer

Mike

Message edited by author 2006-08-27 21:24:08.

Nikon AF Nikkor 50mm f/1.4D

08/27/2006 09:28:21 PM · #35

Originally posted by MikeJ:

Here is a very good case of a government worker that took pictures while he was working and it was found he could not profit from the very famous picture.

Forest Fire and Deer

Mike

I always loved that picture.

Once again though, he was a Forest Service employee, not part of a union. This officer is part of a union, and thus has a very specific contract.

Message edited by author 2006-08-27 21:28:45.

shamrock

Nikon D300

08/27/2006 10:59:00 PM · #36

Originally posted by kenskid:

I work in an office. Let's say that I see a UFO land outside my window and the photo is DPC Winner material ! It is proof positive that UFOs are Alien...

...who owns the photos...me or my company?

The electromagnetic field surrounding the aliens would cause your camera to malfunction. Then you would be eaten by the aliens.

wavelength

Nikon D300

Nikon AF Nikkor 50mm f/1.8D

08/27/2006 11:26:53 PM · #37

Originally posted by MikeJ:

Here is a very good case of a government worker that took pictures while he was working and it was found he could not profit from the very famous picture.

Forest Fire and Deer

Mike

I think the very specific difference in that picture is that the worker was taking pictures on the job for the job. And he was probably using company equipment.

GeneralE

Canon PowerShot S3 IS

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

08/28/2006 01:15:08 AM · #38

NASA astronauts don't own their photos, either, or even seem to get individual credit:

//earthobservatory.nasa.gov/Newsroom/NewImages/images.php3?img_id=17379

Exerpt from the photo description:
The crew of Expedition 13 recently passed a major milestone: as of late August 2006, more than one quarter of a million images of Earth had been taken from the International Space Station. The rate at which Expedition 13 has been photographing the Earth has been record-setting, as they passed the 200,000th image mark less than two months before. The 250,000th image is an oblique view (the photograph was taken from a side angle) of the city of Christchurch, New Zealand.

Astronaut photograph ISS013-E-67242 was acquired August 15, 2006, with a Kodak 760C digital camera using a 180 mm lens, and is provided by the ISS Crew Earth Observations experiment and the Image Science & Analysis Group, Johnson Space Center. The image in this article has been cropped and enhanced to improve contrast. Lens artifacts have also been removed. The International Space Station Program supports the laboratory to help astronauts take pictures of Earth that will be of the greatest value to scientists and the public, and to make those images freely available on the Internet. Additional images taken by astronauts and cosmonauts can be viewed at the NASA/JSC Gateway to Astronaut Photography of Earth.

Uh, that's 25,000 images/month for the past two months ...

Message edited by author 2006-08-28 01:16:41.