That is misstated and begs the relevant questions, which are does he meet the originality standards, did he agree to assign, was he an employee, was there a license, what kind of license, on what terms and skips over the breach of contract claim he has.
It's mis-stated because if he was an employee the 9 work for hire categories are irrelevant and there is no "certain type" of work that qualifies, all employee works quality. See 17 USC 101 and http://www.copyright.gov/circs/circ09.pdf
Again, I was not an employee of this company. There was no contract, both written or verbal. Literally, this is the extent of the agreement. "Would you be interested in shooting photos for this book?".
Thank you very much for your help.