If I take a picture with my camera but its of a friend isn't it my picture.. just a picture of them?

Question

I have this friend he dont see my point of view of this matter. I took a pic of him here at my home, with my camera. yes it is of him but in fact isnt that all it is. is a picture of him.. I even had a 8x10 made of it and got the frame. he gets mad and tells me give me my picture. . I feel it isnt his pic. only a pic of him... please help me yahoo. he tells me I'm wrong. thanks

he knew I was talking the picture , yes it was okay with him. yes its a very nice picture. last thing I wouldve never spent the money to have a nicer copy made if it wasnt okay with him. that would of been a waste of my good hard earned money. he just thinks its okay for him to get mad and take the picture off my dresser. I believe he is very wrong, oh last thing. he already has a nice copy of the pic.

oh yeah and antoni m I would never try selling my friends picture, where did that even come from?

Answer 1

There are a couple of different issues here. Ownership, intellectual property, and the right to use the image.

As the creator of the image, you have the intellectual property in that image unless you make some arrangement to transfer that to another person.

The physical media that has been used to capture and display that image also appears to by yours. It was your camera, your storage card, you purchased the enlargement and the frame and you did the work to assemble the finished work. You own the work. It is your property, not his.

The final question is what rights you have to exploit his image. The fact that you captured the image in a private place, and not in public, is important. The general test is whether you are using the image for a purpose that was reasonable in the circumstances. In this case, he can reasonably expect that you will not display his image in public without his permission. This would include entering it in a photo competition, providing it to the press or having it published and being paid for providing it. None of these seem to be the issue, so my view would be that you are making reasonable use of the image by having it in your home.

You might want to point out to your friend that he is being unreasonable:
The intellectual property in the image is yours;
You own the media on which the image has been captured and presented; and
He could have reasonably expected that you would have made a print of the image for your own private use.

In those circumstances, you don't have to give him the picture.

However, you may also wish to maintain the friendship, and seek some compromise about how you continue to display the picture.

Answer 2

We can only guess at a solution as there are things you've not told us.

Does he want it because he likes it? Then make him a copy. Does he want it because: 1) he feels he was compromised in some way (i.e. he was photographed unwittingly?) 2) it's unflattering and he doesn't want it displayed? 3) he just doesn't like his image displayed? 4) he's being unreasonable? We can't know.

Yes, it's your property (to use privately).... but something else is going on here.. and in the end, it's your call. You must decide what's more important..... a photo or your friendship.

Answer 3

I do not let anyone use my Canon 5D, Canon 5D Mark II, Nikon FM2 and when I had it before it got stolen, Nikon F2AS. And all the lenses. We see this daily on the forum. "Me friend borrowed my camera and now it's not working!!!!!!!!!! p.s. he didn't tell me he dropped it." This is how I say when someone wants to borrow it. "I don't loan out my camera." p.s. On the other hand, I had Canon Digital Rebel and Canon Digital Rebel XT. I gave the first to my niece and I indeed let one of my friends borrow it--knowing that if it breaks I have my own (above) to use. It was something I picked up at Office Depo for $250 with kit lens when it was discontinued. p.s. Same thing about a car, you know. No one drives my car except my brother whose name is on the insurance policy. If you hand your car keys to a "friend" you might as well save up $$ to buy another now. ---------------------- Oh great. You're letting him use your cell phone too? (I assume you're in England or something because we don't call it mobile phone 'ere). Well if he places a call to LA from London, you'll be paying at the end of the money more than the cost of the phone. Are you a boy or a girl? Get it together. Grow some balls (if I may say so) and learn to say no or you're gonna be a door mat for the rest of your life. There is no need to be a bit ch about it. Firmly say "no". I say no all the time. People crap on you if you let them. I hate to ask what he has done for you in return.

Answer 4

Everybody doesn't like to have their picture taken and you didn't tell us if he gave you permission to take his picture in the first place. Personally, I think he's making a big deal out of nothing unless you caught him in a compromising position.
If he doesn't want you to display his picture, I think you should respect his wishes and give it to him. It's not worth making a friend angry or upset, is it?

Answer 5

It is your picture reason-

You took it with your camera, you got a print of it with your moeny(i asume) and you got it framed with, what I asume to be your frame.

But if he wants a picture of himself doesn't that make him a little full of himself??? By that fact he's probobly used to getting what he wants, so puck up the courage and say it's yours completely but if he wants you could try and get a copy.

Answer 6

Tell him so sorry, he's wrong. The picture and your investment in getting it printed, enlarged and in a frame make the picture yours; not to mention you took it in the first place.

Can he purchase a copy of the original print from you to do what he wants?

Answer 7

You're right, legally. But if you're friend likes the picture so much, perhaps you could give him a copy?

Answer 8

You really should have gotten his permission to take his picture ....if you did it's yours...if you didn't give him the pic and end the feud (make yourself another copy and keep it out of sight when he around) :)

Answer 9

picture camera friend picture picture

Answer 10

whats the problem, he doesnt want you to photo him. Cant you respect that? legal or not whats right for your friendship? Doing things they dont like? Sorry Im with your friend regardless of the law.

Ok the law: you own it but you cant sell it without his consent (a signed model release), no professional organisation will buy people shots without a model release attached.

So why not do whats right by your friend - I dont do things to my friends they dont like - why cant you respect their wishes??

EDIT: thanks for your rude email, i have now blocked you.

From the email I my advise is keep disrepecting your friend and see how your relationship goes. good bye

a