Whos Video Is It?

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#1
Recently did some Footage with my P4 PRO V2.0.... I did the Flying and a Friend did the editing and then published it and took all the credit! On Youtube, #tag this and that, Instagram.... Whose Video Is It! About 2 minutes worth!
 
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#2
OK.....post the link and lets just see if he did a great job.....bottom line is you need to learn to do the edits and You post them....problems solved !
He should have sent you the video and you could have posted it...OR cant you comment on the video and tell that you the one that took it and a friend posted it for you !


Its your video shot with your very expensive Drone !
 
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#3
What discussions did you have with your friend concerning the subject footage? What did you understand the agreement to be with respect to any use/publishing?
 
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#5
Recently did some Footage with my P4 PRO V2.0.... I did the Flying and a Friend did the editing and then published it and took all the credit! On Youtube, #tag this and that, Instagram.... Whose Video Is It! About 2 minutes worth!
The law is very clear on this, using a drone as the source doesn’t mean anything: whoever captured the imagery (literally, who pushed the button, a shutter release or button on a controller) is he copyright holder. Instantly and without debate. Period. Doesn’t matter if your friend edited it, paid or not. You own the imagery.
 
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#6
The law is very clear on this, using a drone as the source doesn’t mean anything: whoever captured the imagery (literally, who pushed the button, a shutter release or button on a controller) is he copyright holder. Instantly and without debate. Period. Doesn’t matter if your friend edited it, paid or not. You own the imagery.
Wouldn’t it be nice if it was that simple- there is plenty up for debate here. Press that shutter button as an emolyee and your employer will have a good argument as to ownership, particularly absent any agreement to the contrary. If you squeeze off the image where another party has set up the shot (concept and creative direction) your going to have a problem claiming it’s yours. There are potentially other circumstances at play here.
 
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#7
Wouldn’t it be nice if it was that simple- there is plenty up for debate here. Press that shutter button as an emolyee and your employer will have a good argument as to ownership, particularly absent any agreement to the contrary. If you squeeze off the image where another party has set up the shot (concept and creative direction) your going to have a problem claiming it’s yours. There are potentially other circumstances at play here.
Well, not being sarcastic but, it is until it isn’t. Easy that is.

In the absence of an agreement signed by all parties involved that states otherwise, the person who took the photo (literally who pressed the button) is the automatic defacto legal copyright holder.

If you set everything up, at your studio at your house using your equipment and some bystander walks up and presses the shutter release, that persons owns that photo.

How’s this? You are flying with the controller in your hands and someone walks up and just pushes the photo button mid flight, he owns it.

Those are extreme examples meant to reenforce the point.

Again, in the absence of a signed agreement stating otherwise.

A work for hire falls into the otherwise category, that an employee/employer issue. You own the rights to the photo you took, but the employer gets a unrestricted non-exclusive license to use it. Again, unless a signed agreement otherwise. When I do work for other firms, I have to sign a document stating that they have the rights to my works, or if I was a deceptive fellow I could take the money and run, so to speak. They could come at me for fraud, but the copyright would be mine.
 
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#8
Well, not being sarcastic but, it is until it isn’t. Easy that is.

In the absence of an agreement signed by all parties involved that states otherwise, the person who took the photo (literally who pressed the button) is the automatic defacto legal copyright holder.

If you set everything up, at your studio at your house using your equipment and some bystander walks up and presses the shutter release, that persons owns that photo.

How’s this? You are flying with the controller in your hands and someone walks up and just pushes the photo button mid flight, he owns it.

Those are extreme examples meant to reenforce the point.

Again, in the absence of a signed agreement stating otherwise.

A work for hire falls into the otherwise category, that an employee/employer issue. You own the rights to the photo you took, but the employer gets a unrestricted non-exclusive license to use it. Again, unless a signed agreement otherwise. When I do work for other firms, I have to sign a document stating that they have the rights to my works, or if I was a deceptive fellow I could take the money and run, so to speak. They could come at me for fraud, but the copyright would be mine.
Your examples (home studio and while flying), extreme or otherwise are nonsense.
 
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#9
Your examples (home studio and while flying), extreme or otherwise are nonsense.
It’s fact. This is the kinda thing covered in Photography class. The creator is the copyright owner. And the courts have declared, he who makes the photo happen. He who pushes the button or triggers it or whatever, absent an agreement contrary, is the copyright holder. Doesn’t matter who or how it came to be. They use extreme examples to drive the point home.
 
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#10
If you are shooting a wedding, you are the copyright even though someone commissioned you and paid you. If you have an assistant, second shooter, that person owns those photos Separately from you. Which is why you always have assistant shooters sign a paper releasing their work to you before you begin.
 

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#11
DB is right... at least in the US. Whoever actually presses the shutter button (virtually or otherwise) is the CREATOR of the image and owner. Unless you (in writing) gave them 100% right on the data you still own at least the original portion.

Now the problem we have here is how did part #2 come into possession of the media? Unless he outright stole it you gave him the media to edit/modify and there comes the "grey area". By giving him/her the media there was some agreement that they would edit and create a new product. At that point it's a US type of deal instead of you and him/her. You both have some degree of "Creative Ownership" now.

I'd say chalk this up for a lesson and forget about it. It's notworth the hassle to do anything about it at this point.
 
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#12
DB is right... at least in the US. Whoever actually presses the shutter button (virtually or otherwise) is the CREATOR of the image and owner. Unless you (in writing) gave them 100% right on the data you still own at least the original portion.

Now the problem we have here is how did part #2 come into possession of the media? Unless he outright stole it you gave him the media to edit/modify and there comes the "grey area". By giving him/her the media there was some agreement that they would edit and create a new product. At that point it's a US type of deal instead of you and him/her. You both have some degree of "Creative Ownership" now.

I'd say chalk this up for a lesson and forget about it. It's notworth the hassle to do anything about it at this point.
Not to beat this up, but, as we often “enjoy” in this forum going over precise wording of laws, etc, let me comment on what you wrote.

It’s quite common to hand your copyrighted work to someone to have them edit it. That in no way grants them any rights to it. Derivative work rights can occur but have to be by your permission.
 
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#13
DB is right... at least in the US. Whoever actually presses the shutter button (virtually or otherwise) is the CREATOR of the image and owner. Unless you (in writing) gave them 100% right on the data you still own at least the original portion.

Now the problem we have here is how did part #2 come into possession of the media? Unless he outright stole it you gave him the media to edit/modify and there comes the "grey area". By giving him/her the media there was some agreement that they would edit and create a new product. At that point it's a US type of deal instead of you and him/her. You both have some degree of "Creative Ownership" now.

I'd say chalk this up for a lesson and forget about it. It's notworth the hassle to do anything about it at this point.
So some donkey wanders over and presses the shutter button on your remote while you are flying without your request or permission to do so and they technically own the image? Your really going to say they might have a hope of demonstrating that right? Doesn’t matter what country you are in- It’s silly. Some junky reaches around and presses the OK button at the automatic teller machine while your attempting to withdraw cash and the money is theirs? I don’t think so.
 
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#14
So some donkey wanders over and presses the shutter button on your remote while you are flying without your request or permission to do so and they technically own the image? Your really going to say they might have a hope of demonstrating that right? Doesn’t matter what country you are in- It’s silly. Some junky reaches around and presses the OK button at the automatic teller machine while your attempting to withdraw cash and the money is theirs? I don’t think so.
Apart from the completely off topic and utterly wrong for obvious reasons last part, yes, you are right.

If someone else reaches over and presses the shutter button, US Copyright goes to him. If a donkey (or monkey) were to do it, he wouldn't get the copyright but neither would the human owner of the camera.

The law doesn’t care what you think. Feel free to think the law is silly but it is what it is.
 
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#16
Apart from the completely off topic and utterly wrong for obvious reasons last part, yes, you are right. Someone else reaches over and presses the shutter button, US Copyright goes to him.

The law doesn’t care what you think. Feel free to think the law is silly but it is what it is.
Here’s what I think. The example is stupid (the scenario would never present in reality) because in practice the person who pressed the button would never have access to the recorded image. No point them arguing they might own something they never had.
 
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#17
Here’s what I think. The example is stupid (the scenario would never present in reality) because in practice the person who pressed the button would never have access to the recorded image. No point them arguing they might own something they never had.
Like I said, the law doesn’t care what you think.

I think the VLOS rule is stupid, and good luck then catching me breaking it. But it’s still the law and if they do catch me my opinion won’t matter.
 
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#18
Like I said, the law doesn’t care what you think.

I think the VLOS rule is stupid, and good luck then catching me breaking it. But it’s still the law and if they do catch me my opinion won’t matter.
Unless the person who pressed the shutter button on the drone remote (and that’s all they did) had the subject DNG or Video file in their possession we wouldn’t have to worry about what the law might say. Even if they could prove it was their button press that created the image the counter argument would be they had no input into the creative process. If they took possession of the remote and we’re flying the drone when they captured the images it may well be a different story.

It wouldn’t surprise me to learn we have no case law to rely on here. Simply because the situation as described has probably never happened.
 
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#19
Unless the person who pressed the shutter button on the drone remote (and that’s all they did) had the subject DNG or Video file in their possession we wouldn’t have to worry about what the law might say. Even if they could prove it was their button press that created the image the counter argument would be they had no input into the creative process. If they took possession of the remote and we’re flying the drone when they captured the images it may well be a different story.

It wouldn’t surprise me to learn we have no case law to rely on here. Simply because the situation as described has probably never happened.
Sigh ... I've been online long enough I know how this is going to go and I'm not going to play that game. Nothing I show or tell you will change your opinion. I'm only going to say this. In the US, absent an agreement otherwise; whoever presses the shutter release button is the owner and copyright holder. <<-- see that period there? Period.

You wanna go bananas with a crazy scenario? Guy goes out in the jungle and sets his camera down. A monkey comes over and actually takes a selfie of himself. Guess what? Ended up in court. And ONLY the fact that it was a monkey and not a human is what kept the copyright from going to the monkey. Yes, had to be debated in court becuse there IS case law - a LOT of it that says, "whoever pressed the button, created the photo and therefore is the owner and copyright holder, but apparently you didn't bother to simply Google: "who owns the copyright to a photo" and add "shutter release" so you can see why it's pointless to continue.

Have a great day!
 

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