- 20,681
- TenEightyOne
- TenEightyOne
"Nah, I'm a lover not a fighter. I was just in there pulling guys off".
I remember a quote on local rugby years ago where a Hull player had shown "a handsome pair of balls in last year's final". In't never dull in 'Ull.
Would the work to set up the camera be roughly equivalent to providing paint, brush and canvas to an elephant? If so, does that suggest that the photo should not be public domain, or that the paintings done by elephants should also be public domain?
That's what I'm not sure about. The elephant has to physically interact, manipulate tangible equipment... as the macaque did in taking the pre-exposed-pre-focussed picture when it made the final button-press. The key point is that it knew it was doing something. Arguably the elephant is capable of seeing its results in real time, the macaque is unlikely to understand that it took a photograph. If it saw the photograph (and it probably printed hundreds of them) then it wouldn't conceive of any part of the capture/production process or its relation to the camera.
So maybe, rather than the "physical tangible action" being the key it's the "knowing action"? I'm inclined to think that; so the elephant would own the painted picture and the macaque wouldn't own the button-press-photo.
Triggering an IR beam would an unknowing action in the context of photographing the macaque or a snow leopard, for a speeding driver it would arguably be a knowing action, providing the mandatory signs were in place to warn of the camera's presence. So @Famine would be right; the driver would own the picture.
Does that stop it being used as evidence though? I'm pretty sure it would be seizable as evidence and, given that it's up to the police/CCTV-operator to provide the evidence to me from their own storage then they're likely to comply with that seizure prety quickly.