Who is the photographer

[Del]

Went on a road trip/vacation/photo workshop with a friend last summer.  At one point along the way we stopped at a well known monument and took some photos.  He suggested some, I suggested some, we took some of each other at the monument-just snapshots.  As we were leaving, one of us asked the other to take a particular photo of the other person in a particular setting.  The photo was taken with the camera of the person making the request and framed just as the one making the request asked for.  

Turned out to be a nice photograph.  Who gets credit as the photographer, the one who had the concept, set it up and upon whose camera the photo was taken, or the person who made the exposure at a particular moment in time.  No big legal hassle here, just some good natured conceptual arguments.  I'd be curious what people here have to say.  Again, nothing at stake here but bragging rights.

Thanks

Del

[walter.sk]

Who gets credit as the photographer, the one who had the concept, set it up and upon whose camera the photo was taken, or the person who made the exposure at a particular moment in time.  No big legal hassle here, just some good natured conceptual arguments.  I'd be curious what people here have to say.  Again, nothing at stake here but bragging rights.
Del

While some people find it controversial, in many of the arts there is the "artist" who conceptualizes, designs and plans the execution of the piece, while one or more assistants carry out the instructions.  This is common with large sculpture in particular, but the process occurs in other areas as well.  Even as far back as the renaissance and baroque periods there were painters who had their students finish the works.

What about a song that is composed by somebody, with just the melody, words and chord symbols written down, and then given to an arranger to orchestrate the song?  Very common, and the composer still gets credit as the composer.

[Gordon Buck]

Seems that this has been discussed previously and that the button pusher is the photographer -- even legally.

[Justan]

This is a fun topic.

Given the circumstances as described, a court decision is unlikely.

In the broader sense, as Walter said, if it started out as a collaborative effort it ought to continue to be that. So, imo, they should both get credit, but the guy that activated the shutter should probably get first credit.

It would be interesting to take the idea a step further and say that the person behind the camera merely aimed it, and it’s an auto-focus camera. But the subject used a remote control to activate the shutter. Then who should get credit?

[Nick Rains]

This is a fun topic.

Given the circumstances as described, a court decision is unlikely.

In the broader sense, as Walter said, if it started out as a collaborative effort it ought to continue to be that. So, imo, they should both get credit, but the guy that activated the shutter should probably get first credit.

It would be interesting to take the idea a step further and say that the person behind the camera merely aimed it, and it’s an auto-focus camera. But the subject used a remote control to activate the shutter. Then who should get credit?

Crewdson, whose prints sell for crazy sums, uses a DOP to operate the camera. The work is retouched under supervision too. The artist (Crewdson) takes full credit since the whole shebang is his idea and responsibility.

Doesn't matter who presses the shutter - its the artist's image.

[alainbriot]

It's a collaborative work.  Both authors should be credited. Or none -- maybe the image is more important than who took it.  The caption could be "photograph of X taken by Y under the guidance of Z".

[Kirk Gittings]

"the button pusher is the photographer"
"Doesn't matter who presses the shutter - its the artist's image."

If I set up a shot, frame the exposure, design the lighting etc. but have my assistant press the shutter, because I am involved in the shot some other way, I am still the photographer.

[whawn]

And then, there is the notice at the end of many movies:  "The author of this work for the purposes of copyright is XYZ Studios, Inc."

[alainbriot]

And then, there is the notice at the end of many movies:  "The author of this work for the purposes of copyright is XYZ Studios, Inc."

Yes. And also the famous quote "all resemblance to real people is imaginary" or something like that.  "All characters depicted in this movie (or photograph) are fictional.  Any resemblance with real people is accidental and involuntary".  "The names have been changed to protect the innocent (or the photographer)" and so on.

[daws]

Who gets credit as the photographer, the one who had the concept, set it up and upon whose camera the photo was taken, or the person who made the exposure at a particular moment in time.

In today's age, the only proper thing for you to do is to sell your friend the rights to your share of the collaboration for a reasonable percentage of any potential future gross sales against representation fees including but not exclusive to all future media in perpetuity ipso fatso and to wit.

You're welcome in advance for the legal advice; that'll be $150.