If a photographer takes a picture of someone at their request, who owns the photos?

[David S]

The photographer always owns the photos and the rights to reproduction, UNLESS he sells or licenses those rights to another. In your example, the photographer has relinquished none of his rights; just done the model a favor. But she does not understand the law and is incorrectly assuming she has a legal right to them merely because she appears in the images.

She has the right to use the photos as she wishes only if given permission by the photographer. He has the right to market them based on whatever model release the model has signed. If there is no release, she would have to challenge his rights in a court of law.