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Generally, the author and initial copyright owner of a photograph is the person who “shoots” or “takes” the photo. One limited exception to this rule is when a photograph is created as a “work made for hire.”
In our current legislation, Copyright Act, s.10 gives copyright ownership to the person who owns the film or digital camera, not necessarily the photographer. For details, click here. (link to who owns the copyright in photograph).
Prior to the 2012 amendment, photography had special rules about ownership. Copyright was granted to the person who owned the film/memory card or, in the case of commissioned photographs, to the customer (provided they had paid in full).
Jan 1, 2019 · Whether you take the photo on your smart phone or with your camera, that image is protected under Canadian copyright law. Due to recent changes to law, any images taken on or after November 7, 2012, the photographer/author is the first owner of the copyright.
photographs in Canada (who owns copyright and how long it lasts) and then describe the new users’ right now available in respect of commissioned photographs. The history of photographs in Canadian copyright law is complicated.
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Although the photographer does own the copyright for the photographs, they cannot use the photographs publicly without your permission if the photographs have been commissioned for private or domestic purposes (such as a family photo shoot or a wedding.)
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The effect of this legislative act will be that the rule for first ownership of copyright in photographs, portraits, and engravings will revert to the general rule in section 13(1). Consequently, it will be the wedding photographer and not the client who will be the first owner of the copyright.
