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Depends what you mean by 'own', and the intent of the photographer pre- performance. The photographs are a form of documentation of the performers work, therefore its the artists work and he owns it. The artist then must give photo-credit to the photographer if he exhibits the photos.

If the photographer takes these photos and shows the work WITHOUT permission from the performer then this is considered deceitful.

However if the photographer gets permission and edits like mad with the original photo then he can use the photo as his own work, again with permission.

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Q: Who owns photos of performance art?
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