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My stepson graduates from middle school this month. The school is putting together a memory book for all the students, and asked parents to contribute some pictures of our kids from elementary school. My kid's 2nd grade class photo is awesome, so my wife took it to Target to get a reprint. Target refused, because, according to the clerk who was apparently an expert on intellectual property law, we didn't own the copyright. Annoyed, my wife pointed out that there was no copyright on the image, and we just wanted a reprint for personal use. Target wouldn't budge, so we ultimately took our business where it should have gone in the first place: a locally owned, mom and pop printshop, who duplicated the photo, and gave us a free 300dpi TIFF of the image on a CD.

Reading BoingBoing this morning, I discovered that Anne and I are not the first people to run into this really stupid "no reprint if the wage slave behind the counter decides the image is copyrighted or 'too professional'" policy:

Amateur photographer Zee Helmick . . . went to pick up photos she had ordered at a Wal-Mart near her home in Henderson, Nev.

She had taken the photos of her son that morning to use as head shots for an audition for a TV commercial. She had used her photo-editing software to add his name, information about him and even her own copyright to make the image look more polished, Helmick said.

She uploaded the 8-by-10-inch photos to Walmart.com, which prints photos sent to the site at a nearby store for customers to pick up.

At the store, Helmick said a clerk told her, "We can't release the pictures to you."

"What's wrong?" Helmick asked.

"We can't release the pictures to you without a copyright release form signed by the photographer," the clerk replied, according to Helmick.

The clerk said the photos looked like a professional had taken them, Helmick said. And no matter how much Helmick protested that she, an amateur, had snapped the shots of her son, she said the clerk wouldn't budge.

Helmick didn't have a copyright release with her, so she offered to write a note stating that she had taken the photos. She said Wal-Mart refused even that.

In the end, Helmick went home without the photos and printed them on her home printer for her son's audition the next day.

It turns out that this is more than the typical idiocy one should expect from Wal*Mart; a trade association known asThe Professional Photographers of America has successfully pressured stores like Wal*Mart, K-Mart and Target to refuse professional-looking photo reprints, because

One problem for professional photographers is that there is no one, simple way to keep customers from making unauthorized copies of copyright photos.

"We are not aware of any silver bullet, any single pice of technology or software that will prevent this from happening," said Al Hopper, director of membership copyright and government affairs for the group.

Some professional photographers have even changed the way they charge for their work.

"There's been quite a bit of change in the business model over the last 10 years," Hopper said.

Photographers used to take photos and then charge clients for copies of the images, he said. Now, more and more professional photographers are charging for their time spent taking the photos.

The full story is at SignOnSanDiego.com

I fully support the rights of artists to secure protect their copyright, but this seems like overreaching to me. Are we really supposed to accept it when some kid at the photo counter in a discount store decides for us that our amateur digital photograph is "too professional"?

I imagine that there are more than a few professional photographers (or professional photographers in training) here at Suicide Girls. What's your take on this?

 

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jayenh

jayenh

San Francisco, CA
March 2004

JUN 07, 2005 05:09 PM

What in the holy hell .......

I use my 2200 anyway, thank God.

abadinfluence

abadinfluence

Canada
July 2003

JUN 07, 2005 05:10 PM

Umm ... frankly, I am a bit iffy on this one.

It is refreshing to see someone actually carring about copyright laws for pictures ... but I mean ... how much of a professional is the person at Wal*Mart? How are they trained to spot a professionally shot picture?

I've seen some rsixth graders take some better pictures than some professionals.

iamjacksusername

iamjacksusername

Los Angeles, CA
April 2005

JUN 07, 2005 05:13 PM

I guess the answer is to always take shitty pictures; luckily I've got that covered.

Dead_Ringer

Dead_Ringer

I'm lost
September 2004

JUN 07, 2005 05:14 PM

My take on it is simple: don't get your film processed at Wal Mart if you are looking for professional quality and service. Some idiot kid at a counter is in no way qualified to determine the "professional" status of my or many SG shooters' pictures. There are three places in the country that I am will send my stuff.

I can't imagine anyone who put time, effort, and money into their work would go to Wal Mart for processing.

jen

jen

Kamloops, BC
October 2003

JUN 07, 2005 05:14 PM

Hmm, thats an interesting issue.

I work in a photographic lab myself, and there has been the occasional time that I have had to tell a customer we were not at liberty to print images that had either a Sears Portrait Studio copyright, or a photographer's copyright on the image. We needed written release to do such photos.

As for someone having to 'decide' that the image looks 'too professional' to print, is totally ludicrous.

If there's a blatant copyright on the photo, we'd get our asses sued if it ever went to court. But whos to say someone's Photoshopped image isn't theirs?

There's a very fine line there. Somewhere.

Cruorem_Angelus

Cruorem_Angelus

Castle Rock, CO
June 2004

JUN 07, 2005 05:16 PM

I had that happen when I made a copy of an 8x10 I shot. I went home, found the negative (I couldn't find it at first, hence making a copy of a print) and then proceeded to bitch them out. I havn't had a problem with them since.

That is the one big problem I see with going to a digital camera. I like the quality but with film I can produce a negative.

Capt_Sparrow

Capt_Sparrow

Russian Federation
January 2004

JUN 07, 2005 05:16 PM

if something like that happened to me like in that story of the lady in henderson i would call the cops for with holding personal property. shit most people who work at wal mart couldnt even answer simple questions on electronics. my friend loves goin into the electronics department and screwing with the people. tongue

Kaziklu

Kaziklu

Niagara Falls, ON
November 2004

JUN 07, 2005 05:18 PM

People have had similar problems getting reprints of stuff I used to restore for them... So I just started signing a release... Printed of my computer solves the problem completely.

paisleyplaid

paisleyplaid

Antarctica
July 2002

JUN 07, 2005 05:18 PM

I imagine who ever took your stepson's school photo owns the copyright for that image. Therefore, the Target clerk was correct in refusing to copy it.

The whole "it looks too professional" part is just ridiculous, though.

reprobate

reprobate

New Orleans, LA
December 2002

JUN 07, 2005 05:19 PM

WilWheaton said:
My stepson graduates from middle school this month. The school is putting together a memory book for all the students, and asked parents to contribute some pictures of our kids from elementary school. My kid's 2nd grade class photo is awesome, so my wife took it to Target to get a reprint. Target refused, because, according to the clerk who was apparently an expert on intellectual property law, we didn't own the copyright.



Well, to be fair, he's both right and wrong. The real problem is that professional photographers have been operating under a legal fiction for over a century now, because, well, they had the negatives, and it didn't make a damn bit of difference. Now, that digital imaging has rendered that moot, they have a real problem and cant quite figure out how to adapt, as they're mostly loosely affiliated solo professionals.

Photographers essentially assert copyright ownership in things that really are works for hire. It ensures that they get paid, but it leaves a fairly nebulous question as to whether you can contract away your rights as the person hiring the creative work. Here, your wife likely paid $10 for a print, not the right to make copies. Is that legitimate, is that fair use, nobody really knows. What Target knows, though is that you're not going to sue them and trade associations might, so they're not getting in the middle.

freshprncebelair

freshprncebelair

Ellicott City, MD
June 2004

JUN 07, 2005 05:19 PM

dead_ringer said:
I can't imagine anyone who put time, effort, and money into their work would go to Wal Mart for processing.




Costco supposedly does a top job printing digital files, for something like 20 cents per 4x6, and they even have profiles available for their printing equipment.

Of course these places aren't pro labs, but do a pretty good job considering their prices.

Wren

Wren

SUICIDEGIRL

Minnesota, USA

JUN 07, 2005 05:19 PM

Wal-Mart is trying to protect themselves from being sued. I couldn't tell you for sure what kind of training the photo lab technicians receive, exactly. I'm sure it's their own judgement (and that of the rest of the technicians - they do consult each other on these things).

If she had asked to speak to a manager, they would've caved and given her the prints. Maybe if people weren't assholes and stole photos that didn't belong to them, it wouldn't be an issue. Surely members of this site - which has pictures stolen from it all of the time - can understand that. I don't think it's idiocy. Overzealousness, maybe. A power trip on the part of the technician, maybe. But not idiocy.

xXDistortMeXx

xXDistortMeXx

South Point, OH
November 2004

JUN 07, 2005 05:20 PM

I had that happen to me when I took some photos I had taken for a class to walmart to be copied for some relatives. I had to show them my notebooks and notes, along with the negatives - so they finally gave in after persisting that the photographs were indeed taken by a professional and not myself.

These weren't even digital photos, just photos I had hand developed from my Nikon.

*shrug*

[Edited on Jun 07, 2005 8:20PM]

Sexdwarf

Sexdwarf

Hermosa Beach, CA
February 2003

JUN 07, 2005 05:27 PM

This is more fucking retarded than the last month of Politics news to pass through here.

In fact this step is TOTAlly and COMPLETELY biased against creative people. I have taken many "professional looking photographs" and half of em were by accident.

I don't even know how this could possibly, in any way, shape, or form, be legal.
Honestly, somethign so subjective as proffesional looking can't be legal, I know it.

freshprncebelair

freshprncebelair

Ellicott City, MD
June 2004

JUN 07, 2005 05:32 PM

Sexdwarf said:
This is more fucking retarded than the last month of Politics news to pass through here.

In fact this step is TOTAlly and COMPLETELY biased against creative people. I have taken many "professional looking photographs" and half of em were by accident.

I don't even know how this could possibly, in any way, shape, or form, be legal.
Honestly, somethign so subjective as proffesional looking can't be legal, I know it.



It's actaully helping creative people out.

The amount of people who take "professional" pics is much smaller than the amount of people trying to illegaly copy photos.

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