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RealEyesRealizeRealLies's avatar

Who owns the copyrights to these photos?

Asked by RealEyesRealizeRealLies (30954points) August 11th, 2013

Funny odd ball story to put copyrights law to the test.

Man steals woman’s phone. He doesn’t realize the camera is set auto upload to her computer.

She starts a blog to document his life and photography. He takes lots of self portraits. She’s named him Hafid… as in “Who’s gotcha phone?... I HAFID”.

Ok, so here’s my question… Copyright law grants image rights exclusively to the photographer. Technically speaking, the woman is in copyright violation of “Hafid’s” images because she should need his permission to post his photographs online.

In this scenario, it’s rather trivial (aside from the theft). But… What if Hafid sold an image to an art gallery for mucho dinero? Who should that commission be awarded to? And what if the real Hafid told the woman to remove his photos from her blog? He has the legal right to do so. Otherwise, she is stealing his copyrights.

To make matters more complicated… What if the man pictured in the photos is not the one who stole the phone? Would it change any copyright if he simply and innocently bought it from the thief?

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