Re: Re: Photo booth copyrights

From: Mikus Grinbergs <mikus[_at_]bga.com>
Date: Mon, 22 Dec 2003 16:45:10 -0500


On Mon, 22 Dec 2003 15:05:08 -0500 "Brock Shinen, Esq." <brock[_at_]shinenlaw.com> wrote:
> Although I have yet to address a case involving a photo booth, my instinct
> would be that the photo booth owner owns the copyrights, just as a
> photographer would own the copyrights in photos in a studio.

But in a studio the photographer ARRANGES the subjects, and is thus responsible for the "artistic composition" captured by the photograph.

In a photo booth the subjects arrange themselves -- thus THEY are responsible for the "artistic composition" captured by the photograph.

In my mind the photo booth owner merely provides the "mechanisms" to actualize the "visible_to_humans" print.

[If the photographer used an electronic camera and sent his  camera_memory_stick to a commercial lab to be processed,  the first "visible_to_humans" image (print) would have been  created at (and through the "mechanisms" provided by) the lab.  Surely the lab ought not be the copyright owner of the print.]

Mikus Grinbergs <mikus[_at_]bga.com> (I am not a lawyer) Received on Tue Dec 23 2003 - 02:45:10 GMT

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