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Ellen

She Doesn't Own Oscar Pic ...

Guess Who Does

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

0303_ellen_selfie_oscars_twitter
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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227 COMMENTS

No Avatar
76.

Camp X-Ray    

Hello: Screw Samsung and old ellen dajenerus.

196 days ago
77.

Dead@27    

Ellen would look better if she had
my Balls across her Chin.

196 days ago
78.

Natal Plum    

Well - who wants a picture, selfie or otherwise, with HER in it? Seriously.

196 days ago
79.

Franc    

Wrong. Don't you have lawyers there? The owner is the person who owns the camera.

196 days ago
80.

Larry    

Of course, some ambulance-chaseing-attorney had to get involved in the issue as to who legally owns the picture.

196 days ago
81.

H.R.BEVIS    

Why do we have to have this queer woman shoved in out face each and every day?

196 days ago
82.

Hj    

Who cares! The moment Ellen told TV world that she was taking the picture to be Tweeted; they all stepped up ..at that moment everyone in the picture gave their permission to that photo. Who cares who owns the picture. Great picture and I might add GO Tweeter n shut down facebook people everyone can get your personal information and dirt.

196 days ago
83.

Franc    

Lupita's bro is an azzhole for cramming his face into where it didn't belong.

196 days ago
84.

Don    

Copyright in a photograph lasts for 70 years from the end of the year in which the photographer dies. A consequence of this lengthy period of existence of the copyright is that many family photographs which have no market value, but significant emotional value, remain subject to copyright, even when the original photographer cannot be traced (a problem known as copyright orphan), has given up photography, or died. In the absence of a licence, it will be an infringement of copyright in the photographs to copy them. When someone dies the rights will have transferred to someone else, perhaps through testamentary deposition (a will) or by inheritance. If there was no will, or if the photographer has not specified where the rights in the material should go, then the normal rules of inheritance will apply. Scanning old family photographs, without permission, to a digital file for personal use is prima facie an infringement of copyright.

196 days ago
85.

lucas    

watch this hilarious oscar panel parody https://www.youtube.com/watch?v=roB29-Ebx00

196 days ago
86.

en Todo Momento!!    

so who tweeted the picture?

196 days ago
87.

Eric240    

WORST HOST EVER!! I was just waiting for her to say something funny- anything! I kept thinking "who is this dude and when does the show start?"

196 days ago
88.

Turnableryme    

What!!!! So if I go on vacation with my girl and want to have a pic with her infront of something special and need someone to take the pic. Because that individual took the shot on my phone he owns the rights!? I find this all a pile of garbage. To say it politely.

196 days ago
89.

Vetbob    

One problem here. Cooper volunteered to take the photo FOR Ellen since the crowd had gotten so big. He was acting on her behalf and as her proxy in snapping the photo - It's still Ellen's.

196 days ago
90.

Saverio Azzara    

If Bradley Cooper is smart He will give Ellen the rights. Ellen can make or break if she so chooses, but she is a great person.

196 days ago
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