If somebody takes your picture with your camera, who 'owns' the picture?

[RootSkier]

Not much explanation needed. I know I have read about this in other places, but I can't recall what the consensus was.

[smalls]

The photographer.

edit: i should read better. hayduke is spot on. i was thinking the subject wanted the photo from the photog's camera. carry on...

[haydukelives]

you are not obligated to give them the camera or its contents

[bklyn]

The photographer, technically, owns it, though proving it may be difficult under those circumstances.

Although there are some exceptions, if you are an employee and take the photograph for work. (Like a photographer's assistant, or if you work for a company taking pictures - ie: Sharpshooter, Backcountry ...)

As a pro, if I use your camera it's a gift to you. Anything that I plan on making money on, now or in the future, is done with my equipment.

[Tippster]

My employer owns my equipment. My employer owns the images I capture with that equipment.

This was, however, part of my job description when i was hired. There are cases where the equipment owner does not own the image, but that mainly happens with rentals or if there's an understanding of "borrowing" for the benefit of the photog.

[summit]

Generally unless there is express agreement, intellectual property rights go to the photographer, not the equipment holder.

Now whether this only prevents the equipment owner from utilizing IP rights or whether it actually requires the equipment holder to surrender physical property to the photographer so that they can fully utilize IP rights is something I do not know.

For example, Joe takes a shot on Janes camera using Janes film. Jane pays to develop her film. Jane owns the film. Joe has control over what can be done with what is on the film. But does Jane have to give Joe the film?

I always wondered that one... of course it has never come up.

[LeeLau]

Above is correct/ One exception is if you compose the shot - set the setting on the camera and then give it to someone to take the shot - well t hen you own the shot