The artist still owns the copyright. Payment by itself does not transfer copyright. To do that the artist needs to explicitly sign away those rights. This happens in employment all the time. Part of the paperwork you sign is about transferring over the copyrights from yourself to the company.
I highly recommend you check your own paperwork to see exactly how much this covers, since some states allow contracts that cover everything you make at any time. California has a specific law that limits these contracts to only works done on company equipment and on company time. Your state might be different.
doesn't need to explicitly, it's enough to have the understanding that it's a "work for hire" situation (at least in the US)
of course just giving someone money is not sufficient to establish this, but telling someone that "I want to hire you to make a photo for me (of me)" and they acknowledge, then that is probably enough.
The copyright office itself doesn't recognize any transfer of works-for-hire [0] unless there's (#3) a written document of the transfer, (#4) signed by the recipient, (#5) signed by the copyright holder, and finally (#6) the work was made expressly as work-for-hire. Every employment, contractor, and freelancer contract is written with all of these questions accounted for.
Even wedding photographers keep the copyright of the photos they take of your wedding too for this very reason, unless explicitly contracted to transfer those rights.
One more example demonstrating the opposite - in EU the copyright law explicitly states that transferable copyrights for software get automatically transferred from employees to the company. Which suggests that for other types of copyrightable works and author/customer relationships it doesn't happen automatically.
Do you happen to have more reading material on said law?
In Germany, you can't even transfer copyright. So yeah, anything you create that reaches the threshold of having a copyright, you own the copyright. Even as an employee.
At the same time, you might not own the usage rights (Nutzungsrechte/Verwertungsrechte).
We might have a bit of miscommunication of what exactly is referred as "copyright", "transferring" and the way its translated in various languages. Wikipedia/Google translate suggests to me that generic name for copyright in German is "Urheberrecht" derived from author not copying, is that the problem?
By "copyrights" I am referring to all rights regulated by various copyright related laws not a specific subset of rights, including both the economic rights (all the useful stuff related to copying, redistributing, selling) and author's moral rights (can't be transferred, partially defined by national laws, stuff related to being author, right to be recognized as author and few other minor things).
Was able to find the European directive which has the point corresponding to what I was thinking about. https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32... Article 3, point 2 "Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all economic rights in the program so created, unless otherwise provided by contract.".
Do you consider usage rights as something which isn't part of copyright? Or do you not consider act as result of which you stop owning "usage rights" but someone else gets them "transferring".
From what I understand, technically non of the European directives are laws, but each member country is supposed to make laws based on the directives.
In wedding and portrait photography, many clients think that they own copyrights to the photos but they don’t and sometimes get in trouble for violating photographers’ copyrights.
I highly recommend you check your own paperwork to see exactly how much this covers, since some states allow contracts that cover everything you make at any time. California has a specific law that limits these contracts to only works done on company equipment and on company time. Your state might be different.