“Following Rav Sonnenfeld’s ruling, though, if a person simply photographed someone, the ‘image’ does not become the photographer’s ‘creation’ to render him ownership,” continued Rabbi Dayan. “Therefore, he cannot restrain personal use of the photo, and anyone may copy the photo for himself if it doesn’t impinge upon the photographer’s ability to earn money. However, a person may not gain easy earnings from the efforts of the photographer, who toiled to take this picture and wants to sell it. Thus, if by selling the photo you will detract from donations to the kollel, you are not allowed to sell the photo.”
“What about the fact that the kollel didn’t copyright the photo?” asked Mr. Bodner.
“Rabbi Cohen raises this issue as a possible leniency even for works that involve ‘creative efforts,’ as possible indication that the owner relinquishes all rights,” said Rabbi Dayan. “However, he concludes that it is difficult to assume so, and this should be clarified with the originator, who usually is particular about his creative rights.” (Emek Hamishpat 38:83)
