Forums > General Industry > Walmart / Or Megastore - (C) Infringement

Photographer

BlackSkyPhoto

Posts: 1130

Danville, California, US


Anyone had an issue with models or anyone for that matter taking down their Jpegs to the big stores and having them printed....

Most are supposed to present the customer with a long sheet that lays out copyright law and makes the photogrpaher sign it..

I personally have never seen one and feel most stores do not enfore this?

Anyone know more than me?

May 12 05 10:03 pm Link

Photographer

Gary Davis

Posts: 1829

San Diego, California, US

I'm sure it happens and there's not much you can do about it.  On the other hand, I've heard stories of these stores refusing to give photographers prints they've ordered because they didn't believe the photographer had taken the picture and thought that he was violating someone elses copyright.  So there are situations where they are enforcing copyrights, incorrectly in some.

But it's tricky because there's really no way for them to determine who the copyright holder is.

May 12 05 10:32 pm Link

Photographer

Aperture Photographics

Posts: 310

Regina, Saskatchewan, Canada

I've had clients take their photos down to Wal-Mart for printing, come back to pick them up, and Wal-Mart refuses to give them the prints unless I come down and sign for them.  Now, how do they know that I'm the photographer?  But it's been a problem on a couple of occasions.  I try to send my clients to a pro lab that I know, or I arrange for the printing myself.

May 12 05 10:40 pm Link

Model

Shura

Posts: 1112

Jefferson City, Missouri, US

I just been getting all of my pictures ordered through Yahoo.

May 12 05 10:51 pm Link

Photographer

BlackSkyPhoto

Posts: 1130

Danville, California, US

See how can you order prints..... I guess this in one reason I put my name and company on every photo...

I could imagine this is a big deal for All photogrpahers thou that rely on prints for income... gladly I do not..

Also how about nude prints? will they even print those..??

May 12 05 11:20 pm Link

Photographer

Visual Edge

Posts: 155

Fenton, Michigan, US

Walmart and some of the other stores have stopped a few of the models I have worked with from getting prints made unless they have a signed authorization to reproduce from the photographer.

Walmart will not print nudes either way, those you are better of taking to a Ritz Camera or a professional photo lab.

May 12 05 11:28 pm Link

Model

Angel Tara

Posts: 2214

Charlotte, North Carolina, US

at the risk of sounding stupid, or causing a ruckus...


since when are we not allowed (by the photographer) to print the pictures? We are allowed to use them for promotional purposes, I wasn't aware that just meant online

????

May 12 05 11:32 pm Link

Photographer

Gary Davis

Posts: 1829

San Diego, California, US

Posted by Brent Burzycki: 
See how can you order prints..... I guess this in one reason I put my name and company on every photo...

I could imagine this is a big deal for All photogrpahers thou that rely on prints for income... gladly I do not..

Also how about nude prints? will they even print those..??

As far as I know, nude prints are fine in general but they do look out for "child pornography" and, I've heard, they can be a little over-sensitive on that as well (i.e. calling cops when parents bring in film of their baby playing in the tub etc.).

May 12 05 11:59 pm Link

Photographer

Gary Davis

Posts: 1829

San Diego, California, US

Posted by Angel Tara: 
at the risk of sounding stupid, or causing a ruckus...


since when are we not allowed (by the photographer) to print the pictures? We are allowed to use them for promotional purposes, I wasn't aware that just meant online

????

It depends on what permission the photographer gives you (technically it's called usage license).  Just because you have the file does not necessarily mean you have permission to get prints made from it.  Some photographers will just give you the file expecting you to have prints made yourself (saving the photographer the trouble) but some photographers will insist that you go through them to get any prints you want.  These details should always be discussed and agreed upon prior to any shoot where the model is receiving photos (actually, this goes for anyone receiving images from a photographer, not just models).

May 13 05 12:01 am Link

Photographer

Joe Tomasone

Posts: 12617

Spring Hill, Florida, US

Posted by Gary Davis: 

Posted by Angel Tara: 
since when are we not allowed (by the photographer) to print the pictures? We are allowed to use them for promotional purposes, I wasn't aware that just meant online

????

It depends on what permission the photographer gives you (technically it's called usage license).  Just because you have the file does not necessarily mean you have permission to get prints made from it.

Basic copyright law.  Only the copyright holder (the photographer) has the legal right to make copies of the photographs, or to allow others to do so.  If the photographer grants you the rights to use the images for promotional purposes, then having them printed and put in your book would be permitted.  Printing them and selling them on your web site would not.

It's all about the rights that are granted to you.  Read them and understand them.


May 13 05 12:28 am Link

Photographer

BlackSkyPhoto

Posts: 1130

Danville, California, US


Ah yes and on this note... if the photographer does not explain this to you - HIS DAMN BAD.... thou in court he will still win with a good laywer..





Posted by Gary Davis: 

Posted by Angel Tara: 
at the risk of sounding stupid, or causing a ruckus...


since when are we not allowed (by the photographer) to print the pictures? We are allowed to use them for promotional purposes, I wasn't aware that just meant online

????

It depends on what permission the photographer gives you (technically it's called usage license).  Just because you have the file does not necessarily mean you have permission to get prints made from it.  Some photographers will just give you the file expecting you to have prints made yourself (saving the photographer the trouble) but some photographers will insist that you go through them to get any prints you want.  These details should always be discussed and agreed upon prior to any shoot where the model is receiving photos (actually, this goes for anyone receiving images from a photographer, not just models).

May 13 05 12:31 am Link

Photographer

Jayson Harrington

Posts: 233

Ormond Beach, Florida, US

Posted by Aperture Photographics: 
I've had clients take their photos down to Wal-Mart for printing, come back to pick them up, and Wal-Mart refuses to give them the prints unless I come down and sign for them.  Now, how do they know that I'm the photographer?  But it's been a problem on a couple of occasions.  I try to send my clients to a pro lab that I know, or I arrange for the printing myself.

Some Places who't even let the photographer get his OWN work printed/scanned if it has any sort of copyright

May 13 05 12:36 am Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

Whenever I take my pictures to Walmart to get them developed, they look at me funny.  lol

I usually don't have a problem when it's a guy behind the counter.  I just usually say, you liked those pictures didn't you?  lol

May 13 05 09:11 am Link

Model

Shyly

Posts: 3870

Pasadena, California, US

Yikes!  I have several files ready to take to be printed, but haven't actually done so yet.  I had no idea I might be refused!

It sounds as though the best way to avoid trouble at pick-up is to:

A)  Take the files to a smaller lab that won't have nudity rules.

B)  Bring a copy of my model release with me to prove that I have permission to print the work for my portfolio.  (Though the problem I see arising here is that I can't prove that the images I've got the model release for are the same images I've got on disk.)

Are there any other precautions I should take to be sure I don't have any problems when I go to pick up my images?

May 13 05 12:21 pm Link

Photographer

Bill Sylvester

Posts: 1509

Fairfield, Ohio, US

Yes, I've had problems with several big chain stores giving either myself or my models a hard time when printing pictures.

One drug store recently even went as far as telling a model, if you're in the photo you didn't take it so we won't print it.  It was an old childhood snapshot of her and her mom.

I'm glad the stores here take copyright seriously, but there is taking it to extremes.

I've been writing the permission on the CD label lately.

May 13 05 01:01 pm Link

Photographer

Gary Davis

Posts: 1829

San Diego, California, US

Posted by * Visual Mindscapes *: 
Whenever I take my pictures to Walmart to get them developed, they look at me funny.  lol

I usually don't have a problem when it's a guy behind the counter.  I just usually say, you liked those pictures didn't you?  lol

You should say the same thing to the girls.  Don't discriminate!

I use a local pro lab and they don't even blink.  Sometimes I wonder if they even looked at them or if they did everything with their eyes closed.

May 13 05 02:52 pm Link

Photographer

Sleepy Weasel

Posts: 4839

Las Vegas, Nevada, US

Generally, those stores have a release they'll let you sign stating you are the copyright owner (if there is a (C) on the pic. For nudes, Walgreen's will do them, but Walmart and Target will not for the "big stores".  Actually, the irony is that a Walmart photo manager told me they will PRINT them, but just not give them to you. WTF?

I actually asked the manager on the phone if I could print nudes myself on their Kodak machine (and pay more) and she said yes. So when I went in and did that, they took my pics to price them, kept the ones they felt were not acceptable, and gave me the rest and said "we can't give you these" (the nudes). Excuse me? I can;t have MY pictures? Fine. I don't want any of them. Sometimes I just want to orde3r 1000 5x7s of a breast, go pick them up and have them tell me I can't have them so I can laugh at their expense.

May 13 05 06:01 pm Link

Photographer

RFAphoto

Posts: 223

Phoenix, Arizona, US

I don't do my stuff at walmart so I wouldn't be able to say how they do it here in AZ.

As far as models printing out images from the shoot, well I only give out images as 72 DPI and up to 4 Prints. I may be hated here for doing that, but I consider 300DPI on a disk to be a "Digital Negative" of sorts, Who gives away the negative on TFP?

Mike

May 13 05 06:06 pm Link

Photographer

ANON

Posts: 319

San Diego, California, US

Posted by Brent Burzycki: 

Anyone had an issue with models or anyone for that matter taking down their Jpegs to the big stores and having them printed....

Most are supposed to present the customer with a long sheet that lays out copyright law and makes the photogrpaher sign it..

I personally have never seen one and feel most stores do not enfore this?

Anyone know more than me?

Wait, wait wait..!  The great Ty Simone argued here the other day, complete with lots of legal quotes, that this is not required.  He says that there exists nobody in the world that prints photos who require the photographer to provide permission (release) to the models before they print.  Some of us were challenged to send him our pro images and he would take them to the lab and have them printed without release.  I tended to think it were more likely our images would appear in his portfolio if we did, lol..! 

Most stores and labs, in my experience, accept a release from the photographer... not necessarily on the store's form.  I have been called by models who are at the store trying to pick up their shots with the store requesting I Fax them a release on the images being printed.

May 13 05 06:23 pm Link

Photographer

RFAphoto

Posts: 223

Phoenix, Arizona, US

I realize You and Ty don't get along, but taking shots at someone you have said you're not going to argue with any longer is a strange way to promote a professional image. Pan me all you want, and I'm not sticking up for Ty those LONG arguements were pretty childish on BOTH Sides.

May 13 05 06:26 pm Link