The analogy of a camera works here. (On multiple levels)
A black box with incredible technology manipulating light etc.
The person who pushed the button owns it.
A black box with incredible technology manipulating light etc.
The person who pushed the button owns it.
The specific technology, and more importantly the region, determine who exactly owns the copyright. In the U.S. if you press the shutter button, you own it. In France, the same is not always true [1]
[1] https://www.rd.com/advice/travel/eiffel-tower-illegal-photos...
Personally I think the photographer could probably win if they sued, but it's not totally clear.