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The photographer owns the copyright in any commissioned photographs she takes and can use them however she would like. However, the individuals who commission the photographs are able to make personal or non-commercial use of the photos if they have paid for them.
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 under the law of Copyright as it has been included as an artistic work. Although, the quality is immaterial to qualify the work as an artistic work so a bad photograph is still protected under the law.
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).
In the UK, the owner of the copyright in a photograph is the author: the one who makes the permanent record. Therefore, if it had been Ellen who had pressed the button, she would own the copyright.
It doesn't matter whether it's a photo of you or a duck, the photographer owns it. Since the photographer owns the photo, you as the subject don't have any rights to it.
Who Owns the Copyright of a Photograph? Photos are considered intellectual property because they are the results of the photographer's creativity. That means that the photographer is the copyright owner unless a contract says otherwise. In some cases, the photographer's employer may be the owner.
There is no doubt that, as the photographer, you own the copyright in any photos that you take (even if you never formally register them with the U.S. Copyright Office).
Requirements for Publishing Images If you wish to publish or sell the photo, however, you will need a signed photo release form that documents that permission was given by the subject, guardian of the subject or the owner of the subject in the photo. Publish means that the photo will be used for promotional purposes.