Wal*Mart Refuses to Reprint Digital Photos That Look "Too Professional"
TUESDAY JUNE 7 2005 5:00 PM
Submitted by WilWheaton. Edited By WilWheaton.
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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