It should be included in the contract between you and the photographer. Many photographers insist on having complete ownership over the copyright, however this is negotiable. You should demand control of the copyright, especially if it is your headshot.
If not specified in your contract, then by default the copyright remains with the photographer. This is because most headshots are used as props or models for other photographs and designers. If you want to ensure that you are given credit for your work, then you should specify in your contract that you want your headshot to be owned by you.
Copyright protects an original artistic work created by a person or group of people. This includes paintings, drawings, photos, and even music. Before copyright was invented, artists shared their ideas by teaching them to others or by selling their works to those who would help promote them. Today's artists still benefit from being able to protect their creations, since without protection others might copy their works and sell them themselves. Copyright allows artists to prevent others from reproducing their works without their permission. Even though photography has existed for more than 200 years, copyright law wasn't designed with photos in mind. That's why before publishing any photo you need to determine how you want to deal with copyright. If you don't want to claim copyright then you should leave it up to the photographer to decide how he/she wants to handle it.
Whether or not the photographer takes efforts to preserve the picture, all images are copyrighted the moment they are made. These rights are internationally recognized by treaties, agreements, and the Berne Convention. The copyright belongs only to the "author," artist, or photographer. It does not belong to anyone else.
In general, if you want people to see your photographs, it is best to give them away for free. This allows other people to benefit from your work and also lets others enjoy your favorite scene even though they may never have heard of you. People who take photos just for themselves often miss out on some great opportunities because they don't want to share their work with others. For example, a photo taken at a beautiful location might be worth thousands of dollars to someone who wants to build a house there or run a bed-and-breakfast. They could sell these ideas to others by sharing the photo online or in print magazines.
It is always acceptable to ask permission before using another person's image. If you use an image without asking permission, they could file a lawsuit against you for copyright infringement. When you send a request for permission, you need to tell everyone how you will use the image, what kind of compensation you will provide, and how long you will be able to retain the copyright. You should also include a link back to the photographer if possible.
You own the copyright to a photograph as soon as you take it. To gain copyright protection, the photograph does not need to be printed or registered with the United States Copyright Office. It can simply be kept in memory storage such as your computer's hard drive or on film still in its packaging.
If you want to use the photograph commercially, i.e., for profit, then it must be given proper copyright protection. This can be done by either registering the photograph with the United States Copyright Office or by placing "Copyright © 2009" in watermark style near the bottom of the photo.
It is important to note that just because you take an image doesn't mean you can do whatever you want with it. For example, you cannot claim copyright on someone's face without their permission. However, if you edit the image sufficiently, it can become a new work that is able to be claimed as your own.
In conclusion, yes you can copyright your own image.