Ownership of the Photo in the Scenario

Key Points:

• Arman took the original picture with his smartphone.
• He posted the photo online.
• Beatrice found the photo online and posted a copy on her website.
• Beatrice attached a Creative Commons license to the photo on her website.

Who Owns the Photo?

• Arman is the original copyright owner of the photo.
  • The person who creates an original work (in this case, the photo) automatically owns the copyright.
  • Posting the photo online does not transfer ownership or grant others rights to use it freely.
• Beatrice does NOT own the photo simply by reposting it.
  • Copying and reposting someone else’s copyrighted work without permission is typically copyright infringement.
  • Attaching a Creative Commons license to a photo she does not own is not valid and does not grant others any rights.

Summary:

• Arman owns the photo.
• Beatrice’s reposting with a Creative Commons license is unauthorized and does not change ownership.

If Beatrice wants to legally use or license the photo, she must obtain permission or a license from Arman first.