In a commissioned work, the first owner of the copyright is the commissioner and not the photographer

A pair of professional photographers took photos at a wedding and these photos were ended up being uploaded to a wedding dresses marketing and designing commercial company's Instagram account, without giving credit to the photographers.

The District Court partially accepted the photographers' claim for copyright infringement and held that apart from the economic rights held by the copyright holder, it also has a personal-moral right to be identified with its work. The creator is the first owner of the economic copyright in the work, but this is not the case with a commissioned work, in which the commissioner is the owner, unless proven otherwise. In the discussed case, the rights were passed from the photographers and therefore they were not entitled to compensation. However, the copyright owner has a personal-moral right to be identified with his work. Therefore, the photographers received financial compensation for the fact that their names did not appear alongside the published pictures.