You are no doubt aware of this App for digitized imaging. You can upload your photo onto the App and give a “prompt” to the App for downloading the image that you want.
The use of such App raises copyright concerns. Firstly, who owns the copyright of the photo to be uploaded to the App?
Under section 5 of the Copyright Ordinance, a photo/photograph is an “artistic” work. “Photograph” means a recording of light or other radiation on any medium on which an image is produced or from which an image is produced and which is not part of a film. The owner of the copyright to that photo is the “author”. Under section 11 of the Copyright Ordinance, the “author” means a person who creates the work. Therefore, the copyright of your photo taken by someone else belongs to the person who took the photo, not you unless it is a selfie of course.
So the upload of your photo taken by someone else on the App should be done with the consent of the person who took the photo, otherwise, there will be an infringement of copyright. Another risk is that someone else who took your photo may upload your photo for imaging without your consent. As the person who took your photo is the copyright owner of that photo, there is not much you can do about this.
Relating to the image downloaded from the App with your “prompt”, who is the copyright owner of that image?