A photograph is copyrightable by the photographer only, unless otherwise arranged by a contract.
Unless otherwise arranged by a contract, a person hiring a photographer, the subject of a photograph, ex., models or celebrities, and the designer of the products being photographed do not get copyright of the photograph
For example, a handbag designer who employs a photographer to take photos of her bags will not get the copyright to the photos of her bags. The designer will be able to use the photos, either by implied or express license from the photographer. But the photographer also will have the right to use the photos. Therefore, it should be arranged in the contract as specifically as possible, who gets to use the photos and how.
Another common example is wedding photos. A wedding photographer will get the copyright to all photos taken at the wedding, i.e, the photographer can use, copy, display, publish the photos. Newlyweds should discuss this beforehand (in writing, always in writing) with the photographer if they don’t want the photographer to use their photos in any marketing materials.
Recently celebrities have been sued by the paparazzi for reposting a photograph of themselves taken by paparazzi on their social media: Jennifer Lopez, Katy Perry, LeBron James, and Justin Bieber, to name a few. Many settled. LeBron James countersued for violation of his right of publicity and Gigi Hadid claimed joint ownership of the photograph. Some influencers have used fair use defence. All would depend on specific circumstances of how the photograph was used: whether the photograph was re-posted for commercial use, i.e., advertisement; whether the photograph was used as a speech, for example to claim there was invasion of privacy. Click here for more details.
Law in Style. 