Minnesota Assignment of Photographer's Rights to Photographs
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FAQ
Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera not the person who owns the camera, and not even the person in the photo.
Photographs are protected by copyright at the moment of creation, and the owner of the work is generally the photographer (unless an employer can claim ownership).
The law says you created that image as soon as the shutter is released. This means that photographer copyright laws state that whoever pushed the button owns the copyright. A photographer will own that copyright throughout their life and 70 years afterwards.
Whether a photographer decides to use a Digital Camera or an iPhone, the photographer owns the photo. The person in it is just the subject and the subject has nothing to do with copyright.
Under U.S. law, copyright in a photograph is the property of the person who presses the shutter on the camera not the person who owns the camera, and not even the person in the photo.
In the United States, images are protected by copyright during the photographer's life and for 70 years after their death. After that, the photograph enters the public domain.
Under the Federal Copyright Act of 1976, photographs are protected from the moment the shutter release is pushed, and that protection lasts for 95 years. So unless those pictures were taken before 1923, you may be out of luck, according to a spokeswoman at the Professional Photographers of America in Atlanta, Ga.
Even when hiring a photographer for a dedicated photo shoot, the employment is typically a contractor relationship. Therefore the photographer will still be the owner of the resulting photos. The photographer may grant you an unlimited license for these photos, but legal ownership stays with the photographer.
Letters, diaries, artifacts, photographs, and other types of first-hand accounts and records are all primary sources.
Unless your family made a contract where it's explicitly stated that the family will own the photo's copyright, the photographer will most likely be the copyright owner.