What part of no...

[blueantoidgirl]

... yeah, you know the rest.

So, I'm a photo tech at a well-known drugstore, and I get some weirdos. Thankfully, I haven't had many, but today I just had this one guy who didn't get it.

For those of you who don't know, it's illegal to reproduce any pictures taken by a professional photographer, as they are considered copyrighted (is that right? I'm never sure...) materials and they're, well, copyrighted. They have a copyright on them. For 100 years. It's the law.

Anyway, I'm standing at my counter when this guy asks me how big we can make pictures. I tell him 8x10, and he runs out to get a CD. He comes back, and lo and behold, he's holding a CD from a mall-photography company. Here's what happened:

Me:
SC: duh.

(I'm going to shave this down, because it's kind of long...)
Me: Oh, was that done in a studio?
SC: (stares) Uh... does it matter?
Me: Well, unfortunately, it's against the law for us to reproduce any pictures taken by a professional photographer.
SC: Well, what if I take it home and burn it to a personal CD?
Me: It's still illegal for us to print the pictures.
SC: How would you know if it was my own CD?
Me: (yeah, like I can't tell a studio pic from one taken in your living room) If I can tell it was taken by a professional, I can't print it. However, if you can get written permission from the photographer, I can make prints.
SC: You mean I have to go home and call these people so I can make some pictures?
Me: Yes, that's the only way.
SC: Then why did they give me this CD?
Me: You'd have to ask them (how should I know?).
SC: (gets up to leave) You know, you shouldn't use the term "professional" so loosely. My daughter worked at one of these places, and she had almost no trainging.
Me: It's still considered (at this point he starts walking away in a huff) professional and I can't print it... Ok, fine. Whatever.

He's not the first to make a fuss over this law. I once had a girl who sent a picture from a magazine over the internet who bitched at me because I wouldn't sell it to her. She claimed we didn't have a warning about it on our website (which is bull) and tried to talk me into giving it to her. I don't think they realize I could lose my job if I were to sell them these pictures. I'm not going to risk my job for a 19 cent picture, no matter how much you want your hair to look like Jennifer Aniston's.

[JustADude]

SC: Then why did they give me this CD?
Me: You'd have to ask them (how should I know?).

IANAL, but I think it could be argued that giving the person the negatives (or a CD, in the case of digital cameras) MIGHT be construed as passing the rights on to the customer.

You did the right thing, since policy is policy is policy, I'm just pointing out why the photographer might have handed over the discs... aka, they're giving up all claim to the photos.

[bigjimaz]

I'm just pointing out why the photographer might have handed over the discs... aka, they're giving up all claim to the photos.

This is correct, of course, if you think the guy was telling the truth. As we all know, SC's are seldom truthful when they're trying to get their way.

[Linda]

I know with the cds we get in from professional studios that the customer still needs to produce written documentation that they have the copyright. Negatives are a different matter as in general there is only one set of them, so having them would imply that copyright is held but as multiple copies of cds can be made, it'smore of a grey area.

If I even suspect something is professionally done it's a no unless they have proof of copyright ownership. We also work closely with most of the major local pro studios, so I can say "Oh, it's ok, I'll just call Steve/Bob/John/Whoever at <blah blah>photography and check it out with him. Won't take a sec."

The main problem I have is that the previous manager would copy anything for anyone, so I usually get "but <blahblah> used to do it for me all the tiiiiiiiime." And I'll give you 2 guesses of one of the reasons he no longer works there.

[Jacen]

I think this is similar to a software developer or a music recording label giving you/selling you a copy of their disks. Just cause I have a copy of Windows, doesn't mean I OWN it. (I don't). Same with this.

Through, I think that if the photos are of you then you have a legal right to them. I could be wrong.

[earl colby pottinger]

Paperwork

There are CDs of photos that you can buy and have the rights to make prints of. When you buy the CD it will come with sheet of paper or booklet that state what rights you have with the photos.

Very few give you unlimited rights. Almost all will forbid you from selling the contents of the CD in an media form. Some will let you use the contents directly for you *OWN* business, and some have no problem with making copies for personal use. Almost all require you to pay extra money if the pictures are to be used in turn by a third party (think ads you designed for someone else.).

Guess how many times the SC will claim to have never gotten the paper/booklet or that it was lost and no-one looked for it because it was not important?

[BookstoreEscapee]

I would think one reason they might give you a CD so that you can order more photos...from the photographer... For instance, you get your wedding photos done, the photographer provides proofs so you can order the ones you want, and they put everything on a CD in case you decide to order more in the future...?

[El Barto]

Through, I think that if the photos are of you then you have a legal right to them. I could be wrong.

Nope, they still belong to the studio. Any photo taken by a professional are owned by that photographer regardless of what the picture is.


I just had a scary thought. Schools start Thursday here, and at least 1 of the local distracts is having their picture days next Monday and Tuesday. Great, those pictures will be back by the end of the months and everybody's parents, grandparents, aunts, uncles, and third cousins will want more copies of the kids picture and they'll end up standing in front of the KPM yelling (probably at me) because they can't make copies.

[Bluenomi]

Must remember to get written permission from our wedding photographer to get prints of the photos on the CD he gave us to prevent this problem....

[SuperB]

I'm an amature photographer and take quality photographs that look professional. I even did my own school photos of my kids with the year in the corner and they looked better than what the school put out. I'm just waiting for the day someone decides to tell me no. I know a few photographers who have this problem with places like Walmart. They're literally told the photo is too good and won't print them.

I know, not the same as a customer reproducing from a CD but I have my own opinions on that. At the kids dojo, the photographer was an amature like myself and we had a verbal with him, everyone did, that reproducing was ok. But I need to remember to have him sign something should that come up in the future.

[JustADude]

I know a few photographers who have this problem with places like Walmart. They're literally told the photo is too good and won't print them.

And I'd love to hear THAT argument... probably end with a PFB letter or something.

On that note, too, I showed some people at work a few shots from my trip up to Chicago a while ago... landmarks, the inside of a blues club, and a few statues (including a scrap-metal moose), the usual... and they thought those were professional shots I'd uploaded for wallpaper. I was happy

[Geek King]

...For those of you who don't know, it's illegal to reproduce any pictures taken by a professional photographer, as they are considered copyrighted (is that right? I'm never sure...) materials and they're, well, copyrighted. They have a copyright on them. For 100 years. It's the law.

Technically, I think any photo taken (professional or not) is considered copyrighted (according to US copyright law anyway) from the moment it is taken. It should falls under the same (US) laws as artwork, poetry, and musical composition. I guess I could be wrong on that though. Can someone enlighten me?

I know someone who made some money from a college that skimmed her poetry from an internet site for their graduation program, without even giving her credit for writing it. Someone who was at the ceremony found her poetry site by typing in one of the lines, and wanted to use it for something else.

[Broomjockey]

For those of you who don't know, it's illegal to reproduce any pictures taken by a professional photographer, as they are considered copyrighted (is that right? I'm never sure...) materials and they're, well, copyrighted. They have a copyright on them. For 100 years. It's the law.

Actually it's a set number of years after the death of the photographer, if they're the ones with the copyright. Same with recording artists and writers. In Canada I believe it's 50 years after death, and a similar number in the States, though there was a push recently to extend it. I don't know the results of that though. Also, Canada, the US, and many European countries have an agreement to respect each other's copyrights, so they can't just hop a border to get it printed either.

[Banrion]

My problem with the whole issues lies in having a cashier at a photo lab be the one responsible to determine what is and is not professionally created. If it is obvious like a cd with © John Smith on it, and the customer is not John Smith that is one thing, but for them to attempt to judge professional vs not and the personal photographic abilities of the customer just by looking at them is at the very least presumptuous.

I have in the past been a professional photographer, and I did make sure that all prints that went out were marked on the back with my copyright, but I don't do it to my personal photos, that seems to be a bit of overkill. I certainly don't embed a copyright into my personal digitals either. If I e-mailed my pics to my mother and Wal-mart told her she couldn't print them, there would be hell to pay.

[Imogene]

though there was a push recently to extend it. I don't know the results of that though.

Thanks a ton, Disney Corp.
*eyeroll*