I agree with elay.
Simply put; if you pay a professional photographer for portrait work then you can infer the reasonable expectation (in absence of a contract stating otherwise) that the product will exclusively belong to you, the buyer who contracted the work in the first place. Much in the same way that I might hire an artist to create a graphic logo for my company. Once the work is done the logo belongs to me, not to the graphic designer. The fulfillment of the contract is the completion of the work.
If I pay an artist or photographer for a specific assignment of work and later find that same work posted on the internet, then what exactly did I pay for? It might sound simplistic but it is a relevant question that goes to the many facets of contracts, whether actual or implied. The legal bias would favor commerce and not the artisit.
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