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Your Digital Photos Are Too Professional

ScentCone writes "AP's technology writer Brian Bergstein reports that your 8 megapixel camera, and lukewarm+ lens/Photoshop skills may keep you from getting over the counter image printing services. Professional photographers have successfully sued processors (like Wal-Mart) for reproducing their digital works without permission. Clerks are now being told to deny print orders for some work that looks too good. Talented amateurs are having to jump through hoops, present documents, and otherwise cajole teenage cashiers into taking their orders. No doubt one successful suit costs more than a thousand denied amateurs' orders, but sheesh. On the other hand, pro wedding photographers depend mightily on the income derived from reproducing their work, and it will take time for things to evolve to the point where clients are willing to pay a lot more up front in exchange for wider image rights after the fact. There's no well-supported digital equivalent to a negative (as reasonable proof of ownership), so retailers are defensively resorting to near paranoia to stay out of court."

6 of 739 comments (clear)

  1. Example of a Rejected Photo by TPIRman · · Score: 4, Interesting

    Adding insult to injury, the photofinishers refuse to give explicit guidelines as to what qualifies as "professional-looking" (in all likelihood there are no guidelines, of course). But an article in the San Diego Union-Tribune on this topic shows one customer's example of a photo rejected by Wal-Mart, alongside an equally good-looking photo that Wal-Mart, in its infinite wisdom, deemed amateurish enough to print.

  2. Dear Wal*Mart by IvyMike · · Score: 4, Interesting

    You're a behemoth corporation with more money than I can imagine. Why don't you throw some of that weight and money around and take a stand against these bullshit laws? Fight the lawsuits in court to establsh a set of sane legal precidents, and promote a new "common-carrier printer status" law.

    Not only because it's the right thing to do, but because by being sissies, you're undercutting your future sales.

    Signed,
    Everybody

  3. Re:Don't let your wedding photographer bully you! by Rob+the+Bold · · Score: 5, Interesting
    My sister ran into a similar problem getting reproductions of old photos of us as kids.

    You go to a professional photographer, and the studio claims to own the copyright, cause you just paid them to shoot the photos (a service) -- prints are extra and they still own the image.

    Now, if you're a photographer working at the studio, you shoot the photos, but the studio owns the copyright, cause it's "work-for-hire".

    Seems to me a contradiction, unless you realize that the actual rule is "It's always owned by the Man." Then it all makes sense.

    To add insult to injury, some of the studios that shot the old photos don't even exist anymore to provide prints or permission.

    --
    I am not a crackpot.
  4. Re:Don't let your wedding photographer bully you! by csimpkin · · Score: 4, Interesting
    I had the same experience. I started by going to the "best" wedding photographer in town. He maintained full ownership of the photos and no one else could take pictures. I told my wife, "I don't think so."

    I found another photographer that only charged 50 dollars extra for me to keep complete rights to the photos if I didn't buy one of his wedding packages and anybody could take pictures. If I bought one of his wedding packages then the rights were included.

    One of the best things that we did is put little disposable cameras on the tables at the reception. We collected them at the end of the night and had them developed. There were some great shots (and a few disturbing ones) on the disposables that the pro missed.

    One thing that I worry about with a pro that keeps the rights is they may only give you the photos that they liked. If any were really bad you will never see them. We had a few photos that were not very good, but captured a particularly important event.

  5. I work in a Wal-Mart photo lab. by apathyruiner · · Score: 5, Interesting

    We have plenty of pro photographers use our services for both proofs and a few for their final products. Others just get us to make a CD from their film. We also have a number of amateurs that use us. (and for those of you snickering at the idea of pros using Wally World, we have Fuji Frontiers, look them up, and I at least know how to use it)
    All I have to do to determine the authenticity is have a look at their source. After a little practice you can determine most scanned images from an original digital file. There's also EXIF in the originals. Most pros and amateurs just bring in their CF card and most of the happy snappy crowd doesn't know how to use a card reader. And if you are a pro and give your customers non-watermarked hi-res CDs I take that to mean you give them full release. Many photographers do just that.

    Sorry for the rather disjointed comment, I'm home on lunch and time is limited! ;)

    If you're in Taylors SC and need inexpensive quality prints, just come see William. :)

    --
    -= I can't think of anything witty, creative, or insightful for my sig, so deal with this. =-
  6. Re:Don't let your wedding photographer bully you! by anaesthetica · · Score: 5, Interesting
    One guy even wanted to tell us that our relatives wouldn't be allowed to take pictures at our own fucking wedding! I can't imagine how someone would hire this guy; what kind of asshole is actually going to tell their guests they can't take pictures?

    Well, I'm not a professional photographer, but I have been the official wedding photographer twice now for family friends. My experience with "rival" photographers is uniformly negative. Since I myself am an amateur photographer, I don't really have any problem with random people taking their own pictures. But certain family members can really make your job impossible.

    For instance, the first wedding I shot, the groom's step-mother came with a camera of her own, and acted as if she were the wedding photographer. Nevermind that the family had paid for me to shoot all the official photos of the wedding and celebration. She was constantly getting in my shots, getting in between me and bride during procession, etc. Infuriating. When taking group photos, I would give directions (stand closer, turn this way, etc), and she would start giving her own directions. Unbelievable.

    If I were a professional photographer, I would certainly have a clause in my contract saying something very similar. If you hire me to be the photographer for the wedding, make sure that I am the photographer for the wedding. Having to deal with obnoxious relatives on a regular basis would be impossible.