I represent a number of professional photographers in Canada and in the USA.

In both countries,

Copyright is automatically assigned to the photographer with two
exceptions...

1. The photographer is taking the picture un the course of his employment.
(In this case the copyright belongs to the employer).

2. There is a specific written agreement, between the photographer and
client, that assigns the copyright to a third party.

When you hire a photographer, you do not become his employer and, therefore,
are not entitled to an automatic copyright.

Copyright is automatic, in favour of the photographer, upon production
(prints, digital images etc.,) of the photograph.

Under current legislation, virtually ALL photographs are copyright.

A written notice of copyright, on the image or on the back of the image, has
no effect on the assignment of copyright and is not required to establish
copyright.

Copyright does not expire when the photographer dies. The copyright becomes
the property of the photographer's estate and remains valid for 75 years
following his death.

Almost all photographs have "Commercial Value" even if it is just the value
obtained from selling further copies of the work.

In short, if you did not take the photograph and are not certain, to the
point of being able to proove it, that the photographer has been dead for at
least 75 years -- There is a very good chance that making that copy will be
actionable.

Many large volumes photofinishers have already been caught in this web. It
is probably unreasonable to ask them to accept the risks of litigation in
exchange for the dollar or two that they will make on duplicating an image.

If you are comfortable signing their "hold harmless" waiver, then you "pays
your money and takes your chances."


Fleet