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Model, Printing and Copyright releases
Nov 21, 2011 16:23:26   #
BBNC
 
Not exactly a new topic, but this is the response I got from a major slide and digital media processor, Slideprinter, Denver, CO.

I think this says it all.

Reprinted with permission from Slideprinter.

There are very specific copyright issues granted to any person who creates an image. If a person hires a photographer that does not automatically grant the person who hires them any copyrights to the images.
The ownership of the images and the copyright needs to be addressed before the photographer starts the work
My opinion is that it is the responsibility of both the photographer and the client to have a clear written agreement about the ownership of the copyright before the work starts.
Many times, more often than not, the photographer will send digital images to a client as "proofs" and the client takes these to "lab" to be printed. I have heard many stories where this has happened and the photographer tried to hold the lab responsible for the copyright infringement when the photographer did nothing to protect their rights. It is not the labs responsibility to police the process, if the photographer wants to protect themselves they should include a copyright release with the digital media and noticeably "watermark" their images so the lab can honor their rights.
I understand that labs can not police this and perhaps this is Walmarts effort to keep themselves out of the middle.
I have to believe that copyrights are the biggest issue on this policy .
I have been very involved in our industry's trade organization and this has always been a large issue, long before digital photography. The rise if digital imaging has made the infractions of copyright beyond a manageable reality. The "easy access" to copy professional images seems to have made the general public think it alright to violate a persons copyright but nothing has changes in the laws to allows that.
It is unfortunate that people who just want their vacation photos printed are victims to these policies. Even Walmart has the right to protect themselves in a climate where suing each other is a replacement for taking responsibility for thier own actions.

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Nov 22, 2011 15:53:26   #
Armadillo Loc: Ventura, CA
 
BBNC wrote:
Not exactly a new topic, but this is the response I got from a major slide and digital media processor, Slideprinter, Denver, CO.

I think this says it all.

Reprinted with permission from Slideprinter.

There are very specific copyright issues granted to any person who creates an image. If a person hires a photographer that does not automatically grant the person who hires them any copyrights to the images.
The ownership of the images and the copyright needs to be addressed before the photographer starts the work
My opinion is that it is the responsibility of both the photographer and the client to have a clear written agreement about the ownership of the copyright before the work starts.
Many times, more often than not, the photographer will send digital images to a client as "proofs" and the client takes these to "lab" to be printed. I have heard many stories where this has happened and the photographer tried to hold the lab responsible for the copyright infringement when the photographer did nothing to protect their rights. It is not the labs responsibility to police the process, if the photographer wants to protect themselves they should include a copyright release with the digital media and noticeably "watermark" their images so the lab can honor their rights.
I understand that labs can not police this and perhaps this is Walmarts effort to keep themselves out of the middle.
I have to believe that copyrights are the biggest issue on this policy .
I have been very involved in our industry's trade organization and this has always been a large issue, long before digital photography. The rise if digital imaging has made the infractions of copyright beyond a manageable reality. The "easy access" to copy professional images seems to have made the general public think it alright to violate a persons copyright but nothing has changes in the laws to allows that.
It is unfortunate that people who just want their vacation photos printed are victims to these policies. Even Walmart has the right to protect themselves in a climate where suing each other is a replacement for taking responsibility for thier own actions.
Not exactly a new topic, but this is the response ... (show quote)


Copyright belongs to the photographer as long as he/she retains the images. Once the client remits payment for services rendered under written agreement or verbal authorization the copyright transfers to the new owner.

Third party processors (printing, editing, publishing) have no responsibility to track, or verify copyright ownership.

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Nov 23, 2011 01:03:27   #
johnr9999 Loc: Carlton, OR
 
Armadillo wrote:
BBNC wrote:
Not exactly a new topic, but this is the response I got from a major slide and digital media processor, Slideprinter, Denver, CO.

I think this says it all.

Reprinted with permission from Slideprinter.

There are very specific copyright issues granted to any person who creates an image. If a person hires a photographer that does not automatically grant the person who hires them any copyrights to the images.
The ownership of the images and the copyright needs to be addressed before the photographer starts the work
My opinion is that it is the responsibility of both the photographer and the client to have a clear written agreement about the ownership of the copyright before the work starts.
Many times, more often than not, the photographer will send digital images to a client as "proofs" and the client takes these to "lab" to be printed. I have heard many stories where this has happened and the photographer tried to hold the lab responsible for the copyright infringement when the photographer did nothing to protect their rights. It is not the labs responsibility to police the process, if the photographer wants to protect themselves they should include a copyright release with the digital media and noticeably "watermark" their images so the lab can honor their rights.
I understand that labs can not police this and perhaps this is Walmarts effort to keep themselves out of the middle.
I have to believe that copyrights are the biggest issue on this policy .
I have been very involved in our industry's trade organization and this has always been a large issue, long before digital photography. The rise if digital imaging has made the infractions of copyright beyond a manageable reality. The "easy access" to copy professional images seems to have made the general public think it alright to violate a persons copyright but nothing has changes in the laws to allows that.
It is unfortunate that people who just want their vacation photos printed are victims to these policies. Even Walmart has the right to protect themselves in a climate where suing each other is a replacement for taking responsibility for thier own actions.
Not exactly a new topic, but this is the response ... (show quote)


Copyright belongs to the photographer as long as he/she retains the images. Once the client remits payment for services rendered under written agreement or verbal authorization the copyright transfers to the new owner.

Third party processors (printing, editing, publishing) have no responsibility to track, or verify copyright ownership.
quote=BBNC Not exactly a new topic, but this is t... (show quote)


It was easier in film days. The client was given the prints and the photographer retained the negatives/slides. The more dishonest clients would try to take the proof prints and re-photograph them without paying for the prints which led to watermarks.

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