Who owns the negatives and the rights to the images?
Unlike our friends in the good old United States of America, Canadian Photographers are not automatically entitled to copyright of the images they create. Section 13(2) of the Canadian Copyright Act states: “The copyright owner is the one who commissions and pays for the photograph or portrait. In other words, provided a client or buyer commissions the production of a photograph and pays for such a work, the client/buyer automatically holds the copyright on the photograph- not the photographer or person who created the image – unless the buyer and photographer/creator have an agreement to the contrary.” This is why you will almost always be asked to sign an agreement granting the photographer copyright of their work. In paying them to shoot, you are purchasing their professional services. You will then purchase “usage rights,” which then entitles you to USE one or more photos for a specific purpose. You are probably purchasing a COPY of the image as well-generally in print or digital f