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Is there a Federal Law?
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Dec 29, 2014 14:01:30   #
amfoto1 Loc: San Jose, Calif. USA
 
Yes, there is a federal law - actually international law - governing copyright ownership.

If a photo appears to have been taken by a professional or the person asking them to print it tells them the didn't take the shots themselves, all stores are supposed to require written permission to print the image... i.e. proof that the customer either has been given license to have the prints done, or the copyright has been transferred to them.

The photo doesn't have to have any markings: watermarks, signatures, etc. The store technically should check the EXIF, but probably doesn't actually do that very often. Plus I bet a lot of cameras - even those being used by so-called "pros" - aren't set up to correctly record ownership/copyright info in the EXIF and they don't add that info later, either.

All my cameras automatically record basic image copyright ownership info. Further info and contact information is added during my workflow process (Lightroom is set up to add it automatically).

When I provide a digital file to a customer that they'll be printing themselves, I embed a license for the purpose of personal display and printing (non-commercial use), by themselves or on their behalf, in the EXIF of each image. If providing the files on a CD or DVD or thumb drive, I'll also include a copy of the license in the form of a .txt file that almost anyone can open and read on any computer. I'll provide it in PDF format too, if the customer prefers.

Not all stores are good about checking this and preventing piracy of images. After numerous lawsuits, most chain stores have policies in place. But whether or not that's properly applied every time at each store really comes down to the individual store management and the training of their front line people.

I really hate giving digital files to customers, because there is no telling what quality printing will be done (and you know for sure that if it's crappy the store and the customer are more likely to blame the photographer than the store to accept responsibility). But, it's a fact of life now. Many people prefer and ask for digital files. So we have to deal with it.

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Dec 29, 2014 14:46:27   #
andrewffb
 
Not that I am aware of. Some states have civil rights laws that prohibit commercial use of a living person's image without permission. usually departments of consumer protection at local or state level can give information concerning do's and don'ts.

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Dec 29, 2014 15:25:41   #
fantom Loc: Colorado
 
Singing Swan wrote:
Never had this problem. Sounds like someone didn't want to work very hard during the holidays.


:thumbup: :thumbup: :thumbup:

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Dec 29, 2014 15:29:11   #
Day.Old.Pizza Loc: Maple Grove, MN
 
larrywiltse wrote:
In the early part of December, I took some free photos of senior citizens. I gave them my business card and said if they had a problem getting the photos printed to have the store call me. Sam's Club, Rite Aid, Wallgreen had no problem. Wal Mark refused to print the photos unless they had a release form from me for each person that came in. I had earlier signed a release form to have on file. They said it was a Federal Law and the other stores were breaking the law. Does any body really know.
In the early part of December, I took some free ph... (show quote)


Not long ago I had a similar issue with Walmart, although they eventually printed the photos based upon my word that I took them. It seemed, to the clerk, that the photos looked "professional" as opposed to the snapshots they usually see, so he asked to see a release. It worked out for me that time. Maybe I hould have thanked him for the compliment.

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Dec 29, 2014 15:42:09   #
photoman022 Loc: Manchester CT USA
 
I think it has something to do with copyright laws. Whenever I take my photos someplace to have them printed, there is always the question on the screen, "do you own the copyright to these images?". I press "yes" (because I took them) and I have no problem with it. I imagine that the people took the photos to the clerk rather than downloading them through the terminals available there.

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Dec 29, 2014 15:45:21   #
wj cody Loc: springfield illinois
 
wisner wrote:
As Wallbanger indicated, copyrighted material cannot be reproduced without permission. In your case, you did it for no monetary consideration ( and thank you for doing it for these folks, I recently lost an Uncle from this generation). Since I am assuming theses images looked like they were done by a professional photographer (a background, good lighting and posing, well dressed, not a casual photo), Walmart was correct to refuse to print them without a release. I will always provide a permission to copy letter to a client that buys the rights to my images.
PPA (Professional Photographers of America) will occasionally send people to Walmart, Costco, etc. with copyrighted material to see if they will reproduce it without a release. Not sure, but if caught, they might be subject to a fine.
As Wallbanger indicated, copyrighted material cann... (show quote)


absolutely correct. i do not particularly like the Walton family chain, but i have to give this store credit for the correct call.

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Dec 29, 2014 16:02:19   #
Screamin Scott Loc: Marshfield Wi, Baltimore Md, now Dallas Ga
 
Several years back, I took some images of my wife & Mother in Law.... Sent the files to Walgreens to have them printed. My wife went to get them & she was asked for a release. Wound up that I had to go & show ID & pick them up myself as they would not release them to her without a release...

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Dec 29, 2014 21:30:18   #
dickwilber Loc: Indiana (currently)
 
wisner wrote:
PPA (Professional Photographers of America) will occasionally send people to Walmart, Costco, etc. with copyrighted material to see if they will reproduce it without a release. Not sure, but if caught, they might be subject to a fine.


The fine can be $20,000.00! And members of PPA are losing a lot of money to people making illicit copies of their copyrighted materials. These laws were created at the bequest of the mega companies like Sony, but it is nice to see small businesses are utilizing them through the PPA and similar organizations.

Copyright laws have gone too far in some instances - for instance, the copyright remains in force for 70 years after the death of the artist! (I've had to turn down someone who brought in a photo, water-marked by the studio that took it half a century before, when running a lab, just because I could not find anyone from that original studio to provide the necessary release.) But, for the working photographer, where people will walk into one of these places where you can make photo quality copies with the proofs from a wedding or a portrait sitting, getting the public to abide by the copyright protection is important!

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Dec 29, 2014 21:59:30   #
74images Loc: Los Angeles, California
 
That's the biggest crock of bullshit I ever heard of. :thumbdown:

74images

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Dec 29, 2014 22:01:19   #
Bozsik Loc: Orangevale, California
 
Toby wrote:
A few weeks ago everyone was complaining that people were stealing their photos. This week their bitching about a company that try's to prevent that. Make up your mind. I am pleased with Wal-Mart and anyone else who helps people be honest.


:thumbup: :thumbup:

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Dec 29, 2014 22:29:31   #
CaptainC Loc: Colorado, south of Denver
 
74images wrote:
That's the biggest crock of bullshit I ever heard of. :thumbdown:

74images


If you would check "Quote Reply" we would have a clue just what it is to which you are referring.

On this forum, it could be a lot of things!

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Dec 30, 2014 02:55:47   #
manesg
 
While I cannot quote you verse and chapter, I believe there is validity to this guys "request." It may not be a law - he could be mistaken in that regard - but it may also be a WalFart policy.
I order photos online from Costco. They require that you check a box indicating that the pix are yours, and that you have the permission (signed or otherwise) from those in the picture.
It may be required under federal or state law, as indicated by court cases and copyright rules.
Again, not sure, and the guy who told you "no," may have given you a correct statement that you need permission, but for the wrong reason.

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Dec 30, 2014 03:01:22   #
manesg
 
I agree with you in principle. You probably have a ton of experience! But...no store is likely to ask you to show them a permission slip. They will ask you to attest that you have such permission. Can you imagine millions of people getting prints at the box stores every year to show permission slips? They are all likely to be family or friends. Would Uncle Joe tell you he won't give you permission to print his likeness? Agree or disagree?

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Dec 30, 2014 08:26:04   #
Wahawk Loc: NE IA
 
manesg wrote:
I agree with you in principle. You probably have a ton of experience! But...no store is likely to ask you to show them a permission slip. They will ask you to attest that you have such permission. Can you imagine millions of people getting prints at the box stores every year to show permission slips? They are all likely to be family or friends. Would Uncle Joe tell you he won't give you permission to print his likeness? Agree or disagree?


Please make sure you use "Quote Reply" so we know which comment you are replying to!

The Federal Law requires that the processing outlets check for the copyright permissions, but many don/t. However, the lack of compliance does NOT make it right!! Kudos to Walmart for sticking to the policy.

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Dec 30, 2014 12:41:54   #
Sensei
 
d friend trying to reproduce photos of themselves or faimil members from their childhood. Walmart refused on the basis of them being professional photos. I scanned in my friends childhood photos and sent them to Walmart from my computer. Doing this seems to avoid problems. There is a statement on many websites that indicate by acceptance or proceeding that the photos are yours and that the Vendor providing the copies is not responsible for any copy rite violation.

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