Whose copyright is the photo taken by the photographer?

Legal Analysis: The works created by photographers belong to commissioned works. The copyright ownership of this work is determined by the client and the trustee (photographer) through the contract. If there is no agreement in the contract or no contract is concluded, the copyright belongs to the trustee.

Legal basis: Copyright Law of People's Republic of China (PRC).

Article 47 If a party fails to perform its contractual obligations or fails to meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law.

Article 48 Disputes over copyright infringement may be mediated. If mediation fails or one party reneges after mediation reaches an agreement, it may bring a lawsuit to the people's court. If the parties are unwilling to mediate, they may also directly bring a suit in a people's court.