Odd incident at Wal-Mart today

[Apocalypse Cookie]

This is the best place I could think of to put this, since I was the customer and it's not sucky (or at least, I hope I wasn't and I know she wasn't). I just thought it was funny.

I went to Wal-Mart to get some paper and glue since we were out at home, and while I was there I figured I'd get a pic I'd drawn on the computer printed there, since they'd be able to get better quality there than my printer at home could ever manage and I was hoping to enter it in an art contest with a couple of other works. Unfortunately, the Kodak kiosk couldn't read .png files, apparently, so I had to use the one that put orders into Wal-Mart's photo center's queue. That took an hour to process, of course, so I wandered around the store and got the paper and the glue in the meantime so that I could pay for them all at the same time later.

When the hour was up, I went back to the photo center and asked for my picture. I handed over the time slip when the girl at the counter asked, and she brought the picture to the counter, already in the envelope. Except the envelope had written on it in large print with red ink: "? Copyright ?"

The following conversation took place (to the best of my memory, and minus the stumbling speech that's particularly obvious when I'm caught off-guard by something):

Photo Girl: Is this your picture? *takes it out of the envelope so I can see it*
Me: *pleased with the relatively good quality (though the stars I was hoping would show better still weren't as visible as I'd have liked) but not sure what's going on* Well, yeah, that's it.
Photo Girl: Well I mean, did you make it? It looks like something you could have gotten off the internet.
Me: *quickly figuring out what's going on* Yes, I made that picture.
Photo Girl: Do you have anything that could prove it's yours?
Me: *starts to reach for the camera to get the memory card I put the .png on, before realizing that would be pointless* Not with me. I have the original on my computer, but...
Photo Girl: Okay, but I'll need you to sign off on it.

So she had me fill out and sign a paper stating that yes, the picture was mine and I have the right to print it. It still makes me smile to think of it now; I'd never thought I'd be stopped for something like that. I'm not sure whether I should be flattered or worried about the next time I want/need a pic of mine printed.

[Amethyst Hunter]

Mall-Wart is prohibited from copying pictures that are already copyrighted. Meaning, if you have professional portraits done (as an example), you can't take a wallet-size (or other) and make umpteen copies of it to give to all your friends/family.

I found this out the hard way once when my dad asked me to take an old 8x10 of him (taken when he was in his Army dress; he was late teens/early 20s at the time) and make a copy of it (for what purpose, I forget, but it sure wasn't to make money off it). The clerk at the photo kiosk told me they couldn't do it, even though the picture was over 30 years old. Because it was professionally done by a studio, that meant it was protected under copyright law.

It's very annoying IMO - I can understand the restrictions on more current photos, but I think they should have a little leeway on older stuff. What if someone has an old family picture they'd like duplicated for sentimental purposes (such as, if the picture is really old and falling apart or something)?

[Apocalypse Cookie]

...if you have professional portraits...

So...flattered, then?

[digilight]

They have to be ubber careful on the copyright issue. The fines can be huge if they are caught breaking copyright law. In your case, as long as they have the signed release from you they are in the clear. If it turned out to be a copyrighted picture they would be in the clear and the copyright owner would then be forced to go after you. Unless it was blatently obvious that it was a copyrighted picture (maybe something saying "Copyright Walt Disney Productions" on the picture).

In the future, you can have copies made at most "Mom and Pop" type copy stores. As long as you are following copyright laws you are fine. We aren't as stringent as the big chains, we don't have huge legal departments telling us what we can and can't do. And we tend to try and be up on the law. I probably wouldn't have had a problem copying the picture of your father in his army greens. But if you can't tell the age of the photo then you can still run into problems.

Basic rule of thumb for the pictures for me would be the following.
1. Is it a copyrighted picture.
2. How old is the picture. (the law is different for pictures prior to 1978 - 28 years is the standard), versus after 1978 (70 years is the standard then).

each case is a judgement call though. And incase you were wondering, it is legal to duplicate a copyrighted work for litigation purposes, but don't wory you local copyshop can tell if its for personal or litigation purposes....we are just that smart.

[RecoveringKinkoid]

While it's true that the fines can be considerable for labs breaking copyright laws, if you picture didnt' say 'copyright" on it anywhere, it should not have been an issue. Professional artists and photographers will put a copyright symbol at the very least on their work, if they want it to be protected from unauthorized duplication. I've worked in labs, as a photographer, as a lab tech, and at Kinko's. I own the rights to artwork I paid to have produced. I've been over and under copyright law a few times myself.

Your drawing, if it was completely free of any such markings, should not have caused a red flag to go up. For her to ask you to prove you drew it was a little over the line, in my opinion. I'd call their interpretation of the restrictions a bit over-zealous.

EDIT: And you can all thank Olin Mills for the rabid adherence to copyright on professional studio portraits. They do NOT play around, have sued, and will sue again. Everyone in the business is afraid that the Olin Mills Boogieman will come get them.

However, if you have an old print that is old enough that they probably would not have the negs anymore, they are good about sending you a copyright release if you ask them for one.

[Apocalypse Cookie]

While it's true that the fines can be considerable for labs breaking copyright laws, if you picture didnt' say 'copyright" on it anywhere, it should not have been an issue.

It didn't, as it never really occurred to me to do so.

Don't get me wrong, everybody; it's good to see them being vigilant. I just never thought any work of mine could be called professional, especially not to the point where I'd have to be concerned about the copyright of my stuff. The concern is that, as a work of digital art that was completely done on the computer in this case, I have no way of proving it's mine, now or in the future.

[BrassCowboy]

...for what purpose, I forget, but it sure wasn't to make money off it...

It's not whether you make money off the photo or not, it's the original photographer that wants to make more money off of it. :D

[powerboy]

It's very annoying IMO - I can understand the restrictions on more current photos, but I think they should have a little leeway on older stuff. What if someone has an old family picture they'd like duplicated for sentimental purposes (such as, if the picture is really old and falling apart or something)?


An ex-GF and I went to the Walmart photo center to copy an old picture of her great grandparents, for her grandparents and herself. Couldn't do it. The pics were atleast over 50 years old. Finnaly, I realized a friend of mine had photoshop, so we went to him. Just got him a 6 pack of beer and he done the job. He brightened the color, made it look sweet.