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She Doesn't Own Oscar Pic ...

Guess Who Does

3/4/2014 6:15 AM PST BY TMZ STAFF

Ellen DeGeneres
does NOT own the picture that broke Twitter ... unless he signed his rights away, the owner of the famous Oscar pic is BRADLEY COOPER.

Here's the way it works ... the person who owns the now-famous photo is the person who actually took it ... NOT the person who owns the camera or organized the shoot. 

Cooper was the snapper ... so it's his.

And even if Ellen signed her rights over to the Academy when she signed her hosting gig, the Academy would have no rights to the photo, because Ellen can't transfer what isn't hers.

So unless Bradley signed his rights away to the Academy, he's the copyright owner.  Any use of the pic without his permission is a violation of the copyright.

He seemed down with tweeting it out, so Ellen is cool.  But any use of the pic on TV shows -- including hers -- would only be kosher with Bradley's blessing.  And he'd own the rights to any reproduction.

It all translates into cash.  It could come in handy if that "Hangover" money runs out.



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julie ellis    

she kept telling Bradly No that shed take the picture geez

230 days ago


Bradley Cooper

227 days ago


Stephan Kinsella - Kinsella Law Group

More copyright insanity. The "author" of a photo is the photographer. So if you hand your camera to a stranger on vacation to take your family's picture, *he* owns the copyright. And you don't know who he is so it's impossible later on to clear the rights to it.

218 days ago


Kinsella -

And what if you have an automatica life-logging camera that just snaps pictures on its own? Who owns copyrgiht then? The programmers? No one?

What if you hand your camera to a gorilla -- who owns the copyright? Not the gorilla, for sure. But does anyone? Does the guy who handed the camera to him? What if the camera is owned by someone else?

218 days ago


Kinsella -

What about security camera footage. It's taken automatically. Who owns it? Nobody knows. Copyright law is murky and ambiguous, and completely non-objective. IT's just legislated words that have no necessarily corresponce to justice or even to coherence. So judges and lawyers have to engage in bizarre angels-on-head-of-a-pin type metaphysical, nonsense arguments that make no sense at all.

A similar case is coming up in the Aereo supreme court case. HEre, the court will have to make an arbitratry classification based on the copyright law, to decide if the service is more like publishing, or more like a remote private VCR. Since the copyright statute is literally incoherent (like most statutes) and ultimately leads to inconsistent results, so the courts have to arbitrarily choose --

218 days ago
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