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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."

100 of 739 comments (clear)

  1. what's all the fuss? by yagu · · Score: 5, Funny

    I don't know what all of the fuss is about.... I've been having my pictures printed at WalMart for years, and never had any problems....

    That leads to some awkward moments at photo desks when customers' images get barred for essentially looking too good.

    ..., ahem, ...., uh, ...., never mind.

    1. Re:what's all the fuss? by noidentity · · Score: 5, Funny

      Luck you! I had them rejecting freakin' accidental shots of the wall, claiming I must be trying to reproduce some expensive abstract modern art.

    2. Re:what's all the fuss? by WickedClean · · Score: 3, Funny

      A friend of mine had some trouble with Walmart censoring his personal photos. He and some friend took some funny pics with a hot dog and it looked like...well...a 'real' weiner. They refused to give my friend his pics, so he stood by the desk and harassed the customers for a half hour before they finally agreed to give him the pics if he'd just go away.

      --
      ...All I can say is that my life is pretty strange...
    3. Re:what's all the fuss? by Anonymous Coward · · Score: 2, Interesting

      I majored in classical composition in college our thesis was to write an orchestral work. I needed to have several copies made at Kinkos they woudn't do the copies since there was a copyright symbol on my score. Trying to explain to the clerk that it's my music proved pointless, she just looked at me and kept repeating "We can't copy copyrighted stuff."

    4. Re:what's all the fuss? by fish_in_the_c · · Score: 3, Interesting

      All you open source people out there should be refusing to buy non-"open source" photography. Seriously why would you buy a photograph if the photographer will not sell you the right to reprint it. I don't mean art for your wall, but the fact is as far as I'm concerned if I pay someone to create a 'portrait' of my or take pictures at my wedding that is precisely a 'work for hire' and ___I___ should have the copy write to that work. When I had my wedding done I insisted on it. btw my wife is a professional photographer. You can certainly structure your prices in such a way as to make money from the 1st purchase of photos so you don't NEED to retain the copy write to them. Besides that have you ever tried to get a reprint done of someone's wedding photo on their 20th or 50th wedding anniversary good luck finding the photographer. just my 2 cents.

      --
      âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    5. Re:what's all the fuss? by Gori · · Score: 2, Interesting

      Ok, here is what we fixed for our wedding.

      Go talk to the local nature preservation society. There is usually a swarm of very good amateur photographers ( some migt not be so amateur actually) that shoot for their publications. They are often great & relaxed people. More often than not you might find that next to photographing wildlife and plants, they are more than happy to make a wedding shoot too. And they will be a lot cheaper, since they only tend to use the proceedings to buy even fancier cameras!

      Ours didnt even blink when he said that of course we get all our negatives, after all, it is our wedding !

      Plus, since we had our photo shoot in a beutiful nature area, the photos turned our relaxed, not too posed and lots of fun. ( he basically treated us like some rare species in the wild, walking through the forest). And for the geek factor, the photographer works full time in a IT firm, so we had some fun geeking away during the preparations. Just ask them about their newest camera... We had a whole bunch of digital photos thrown in for free, 'cose he was testing his lates and greatest toy.

      Have fun on your wedding !

      --
      Complexity is a measure of our ignorance...
  2. Don't let your wedding photographer bully you! by Skyshadow · · Score: 5, Informative
    On the other hand, pro wedding photographers depend mightily on the income derived from reproducing their work

    I always cringe when I read something like this. To anyone who is planning a wedding out there: Don't be fooled into this!

    It's a little off-topic, but I want to point out that this practice - once "just the way it was" when it came to wedding photography - is becoming less and less common. When we got married (a year ago next Sunday), the #1 thing we looked for was a photographer who wouldn't insist on maintaining the copyrights to the photos.

    This turned out not to be a problem; the few photographers we looked at who still wanted to maintain copyrights were all old-school (in a negative sense) in other ways, too. 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?

    Anyhow, the photographer we ended up with used film rather than digital. I actually looked for this; it added a little bit of work on our part on the back end of the wedding, but as a hobbyist myself I feel there's a real advantage to film specifically in terms of the quality of black and white photos. She did a great job, too.

    Once the pictures were developed, we got all the negatives. We scanned the pictures using a kick-ass negative scanner from Nikon that we bought refurbed (and then sold on eBay for a profit) and stuck the pictures out on Ofoto so our friends and relatives could order right from there. Compare this to my Best Man's wedding a year earlier where he went with a "traditional" photog who kept the copyrights from the photos and wanted to charge us $20 per shot... Well, let's just say I don't have any of the pro shots from that wedding.

    Now, back on topic: If your photos look too good, why hassle with the local Walmart just to get yourself what's going to be, at best, an 'okay' print? Unless you need the prints Right Now, go online! When I'm trying to get my own "good" photos printed, I've had great luck with Adorama's printing service. Plus, they're used to seeing shots that are far better than what I can produce. Ofoto (or whatever they're calling themselves these days) generally kicks out satisfactory results as well.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Don't let your wedding photographer bully you! by lupine · · Score: 4, Insightful

      I went digital for my wedding, but the agreement with the photographer stipulated that I was the copyright holder and that the digital copies would be turned over to me. He was allowed to keep & make copies to promote his business, but he was not allowed to sell them.

      I agree absolutely there is no reason to give up control of copyright to the pictures of your own wedding. We were able to turn around and make good quality prints for friends and relatives for pennies. Our total printing costs came to just over a hunderd dollars and we were able to send out prints along with every thank-you card.

      Photographers deserve to be paid as a professional at a fair wage for their time and effort, but they dont deserve to 0wnZ3r your wedding.

    2. 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.
    3. Re:Don't let your wedding photographer bully you! by Skyshadow · · Score: 2, Interesting
      I'm in the Bay Area, too. We got married in Livermore and ended up hiring a photographer from Sonoma.

      Anyhow, I wouldn't be happy with anything short of owning full rights to all photos, negatives and prints. If you don't get that in writing, you're leaving open the possibility of getting screwed.

      Our photographer had to ask *us* for permission to use shots from our wedding in her portfolio.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    4. Re:Don't let your wedding photographer bully you! by swestcott · · Score: 2, Insightful

      In our case the photograher did not store the negatives properly (destroyed in huracane)and now we can not get copies even if we wanted to

    5. 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.

    6. Re:Don't let your wedding photographer bully you! by ZiakII · · Score: 2, Informative

      www.bugmenot.com

      Your new here right?

    7. Re:Don't let your wedding photographer bully you! by Anonymous Coward · · Score: 2, Funny

      I wonder just one thing: how come you are slashdot user #508 AND married!

    8. Re:Don't let your wedding photographer bully you! by Hognoxious · · Score: 2, Insightful
      I disagree. Grandparent does not understand copyright, contract law, or business.

      It's not rocket science to workout that by making money off the prints, the photographer can charge less for taking the pictures. Or conversely, if he's not going to make money off the prints he'll have to charge more upfront.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    9. Re:Don't let your wedding photographer bully you! by blurfus · · Score: 3, Interesting

      That may be so (the way I explained it in my brief post)

      However, the principle is there. Photographers are no more the 'creators' of the products than NBC airing a game on their network. NBC *purchases* the rights to broadcast the game (and make money by selling ads). NBC owns the rights to their broadcast (because they paid for it) but does not own the game itself (the product). The league owns the products.

      I figured is about the same here. I own everything I create (including my wedding, which I pay for and participate it, and create). The photographer does not 'own' the broadcast of this product (because he has not paid for its rights). I am paying him to document it, but it's not his creation.

      A developer gets hired to do a piece of code. Most of the companies have a 'contract' indicating everything I create while under their salary belongs to them. I sign the contract, I get paid, they get to 'own' everything they contracted me to create for them. This is not to say I cannot use my professional experience while with them and use it to my advantage to find another contract, but I cannot take the product itself. That belongs to the client who paid for it.

      Maybe you can clarify where my logic fails (and maybe I will understand the laws better)

      Regards,

      --
      will work for Karma
    10. 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.

    11. Re:Don't let your wedding photographer bully you! by LetterJ · · Score: 4, Insightful

      The problem people buying wedding photography don't usually get is that, for most photographers, there's only 1-2 weddings per week they can shoot. That's because almost everyone gets married on Saturday afternoon. That'd be OK, except that a wedding's worth of photos need to be gone through, touched up, organized, proofs or other comparison method made up, sent out, process the incoming order and otherwise take up much more time afterward, all tied to the wedding on Saturday. Not to mention spending time at bridal shows, meeting with potential customers that don't sign, working on marketing and the rest of the non-billable portions of running a business. Combine that with couples that want the photographer to shoot the rehersal dinner and rehersal itself the night before and want that included in the package and you're left having to charge an entire week's worth of labor and materials to a single customer.

      Then, as a self-employed person, they need to effectively double the money they want to pay themselves to cover their own payroll taxes, unemployment insurance (mandatory in my state), etc. you have to charge the equivalent of $40/hour, just to make $40,000. But, almost no one gets married in Nov-March, so you have to compress it further if you want to make your living doing just weddings. Throw in another couple of weeks here and there where the couple breaks up and cancels and you don't get another booking and you're left only able to get billable clients for about 26 weeks per year.

      The end result is that you'd have to charge $3200 a wedding just to break even on the LABOR and still only make $40,000/yr, working weekends in addition to weekdays, dealing with people on one of the most stressful days possible, working without a safety net (just waiting to get sued because you "ruined" their once-in-a-lifetime-day and caused them major emotional distress).

      I started down this road a couple of years ago and, after running the numbers and doing about 4 weddings, I decided that to be worth the hassle, the expense in redundant equipment (the bride doesn't want to hear that your *only* 135mm portrait lens cracked on HER SPECIAL DAY) and extra crap like multiple tuxedos in your closet because couples insist that the photographer wear one too, I'd have to charge well over $5000 a wedding to do it. And, since "anyone can take pictures" and "you're only working 3 hours a week", no one except the really high end clients wants to pay $5000-$7500 for a basic wedding photo package. If it were in that price range, work for hire would be fine.

      However, quote $5000-$7500 for a wedding on a work-for hire basis, and you'll hear the whole working for 2-6 hours thing and they'll quickly do their own math and say, "No one's worth $2500/hr".

      So, photographers have relied on print purchases to spread that cost around a big. After all, if the album's "worth" $1400, if the proofs are $400, if the digital photos on DVD are $250 etc. then the remaining money doesn't seem as bad.

    12. Re:Don't let your wedding photographer bully you! by RFINN · · Score: 4, Insightful

      I work in the photography field, so I might be able to offer a different perspective.

      Did you know that photographers who work for National Geogrpahic own their images, even if they appear in the magazine? They fought for that right in court and the Supreme Court sided with the little guy on this one - that being the photographer.

      Your contract as a programmer states explicitly that what you create on the job is owned by the company. But if you did not agree to that upfront, then anything you invented/created on the job would actually belong to you.

      You see - the NFL owns the game, but NBC owns the broadcast. You own the content of your wedding, but the photographer owns the images they created. Now, the NFL and NBC have certainly negociated something that is beneficial to both, otherwise the NFL takes its games to another network (which happens all the time). And likewise, you have the ability to negociate with your photographer over rights and find another one if the terms are not to your liking.

      What I do is offer prints as part of the package, and additional prints online at a reasonable charge, and at the same time the couple may purchase the "negatives" (a CD of the RAW images and full resolution processed JPEGs) along with the rights to do whatever. My charge for taking the photos + handing over the rights is still under the market price, however.

      Copyright law goes back decades protects the photographer to same way it protects freelance programmers and journalists. Organizations like AMPS and PPA have spent a lot of time, money, and effort defending the rights of photographers and other creators/inventors againsts the interests of large corporations. And if the average person could stick it to the photographer, then the large corporation can too as well as the creative programer.

      --
      -- Richard Finn http://www.random-seed.com/
    13. Re:Don't let your wedding photographer bully you! by Jason1729 · · Score: 4, Insightful

      if you feel that $20 a print (or whatever is being charged) is to steep, have your friend take the photos at your wedding. but remember that these are the pictures that will be on your wall in 50 years, when you celebrate your anniversary. Exactly...but the point of this article is that if those pictures your friend takes actually look decent, you won't be able to get the printed to hang on your wall at all because "surely, some pro photographer took them since they look good, so if you print them, you're ripping him off.

    14. Re:Don't let your wedding photographer bully you! by Surt · · Score: 3, Insightful

      All of this seems to describe why you shouldn't build a business purely out of taking wedding pictures, rather than any sort of motivation actually to pay people foolish enough to try such large sums of money.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    15. Re:Don't let your wedding photographer bully you! by clarkcox3 · · Score: 2, Informative

      Use bugmenot. Add the following as a bookmark in your browser (all one line):

      javascript:void(window.open('http://bugmenot.com/v iew.php?mode=bookmarklet&url='+escape(location),'B ugMeNot','location=no,status=yes,menubar=no,scroll bars=yes,resizable=yes,width=385,height=450'))

      Then, anytime you come to a site requiring registration, just click that bookmark, and, odds are, you'll get a ready made password to use.

      --
      There are no tiger attacks in my area and it's all because this rock I'm holding keeps the tigers away.
    16. Re:Don't let your wedding photographer bully you! by iGN97 · · Score: 3, Insightful

      the flaw in your logic is easy to spot: obviously you create your own wedding, but you don't create the pictures.

      if your idea of good wedding pictures is something to "document" that something happened, might as well get anyone with a recent cellphone to do the job. "look, ma', i got married. here's me, here's the church."

      a good photographer doesn't just take photos, he makes photos.

      you'll see this the clearest during the formals. he'll take the happy couple to a place with a pleasant background. he'll make sure the sun isn't in their face, because he knows that sunlight isn't high quality light. he'll use a flash to lift facial shadows, often with a light modifier. he'll bring reflectors if needed to make sure there is enough light, possibly portable power with monoblocks, big ol' honkin' softboxes.

      and you probably won't end up with pictures where the happy couple is squinting, the sweat on there face pouring with overwhelming distracting backgrounds.

      a good photographer will do a lot to candids; chances are he knows how to spot them in a way people that don't care as much for photography as he does. maybe you won't be irritated that someone's arm is partially blocking a face. small stuff, but enough to make yourself go "that's a good picture".

      so first of all, your logic is flawed in that the photographs aren't the photographers creation.

      your developer analogy is valid. a developer goes into contract, just like you say. and so will most photographers, as this thread indicates. you can find photographers that will give you the copyright of the images. it all boils down to revenue model. everything has its price, and photography, like every other profession, has representatives that are overpriced.

      but you do not want a document on your mantlepiece, like the NBC-broadcast of that fourth touchdown. you want a piece of art. a creation, not a mere documentation.

    17. Re:Don't let your wedding photographer bully you! by wfeick · · Score: 2, Insightful

      In the real world, who owns the rights to the pictures is a negotiation between you and your photographer, and that's all. It used to be that most professionals insisted that they maintain rights and you would have to pay them for any reprints. These days, most seem to give them to you if you want them, and they've probably increased their costs to offset the lost reprint income.

      Regardless, it's a negotiation. The price you pay for the service of having your event photographed is balanced against the rights each of you have to the images going forward. Either one of you can sign away your rights in consideration for the money that is paid for the service. The important thing is that both parties are clear up front on what they get in exchange for the money.

    18. Re:Don't let your wedding photographer bully you! by Joe+Decker · · Score: 2, Insightful
      A real pro will shoot several shots for each one they keep, with slight variations in lighting, etc.

      That's true in my line of professional photography, but not for wedding photographers. Really good wedding photographers, like street or documentary photographers, do their best work by capturing a particular moment or emotion, those expressions are fleeting, and can't be replicated.

    19. Re:Don't let your wedding photographer bully you! by alex_guy_CA · · Score: 2, Informative
      "(obviously, he can take all the pictures he wants in a public place but to make money of those pictures, he needs my consent, if I understand correctly)"

      You don't understand this correctly. Their are two types of usages by which a photographer could make money off of a photo of you. One is commercial, like an advertisement, which would need your permission, and the other is editorial, which would not.

      For example, if I took a photo of you getting your head smashed in by a cop, and then sold that image to a magazine writing an article about police brutality, I could make money and would not need your permission because the photo would be an editorial addition to the article, and not a promotion for the magazine.

    20. Re:Don't let your wedding photographer bully you! by slavemowgli · · Score: 2, Insightful

      That's not a reason to disallow photographing by others altogether, though. Rather, it's a reason to talk to whoever is responsible for the administrative issues surrounding the organization of the event and ask them to ask the interferer to, well, stop interfering with your work, pointing out that *you* are the one who's the official and paid photographer.

      In other words, you certainly can expect people to play along nicely, but I don't see why you'd expect to be the only player in the field.

      --
      quidquid latine dictum sit altum videtur.
    21. Re:Don't let your wedding photographer bully you! by alex_guy_CA · · Score: 2, Funny
      Wait a second, you are not allowed to admit that I am right and you aren't. This is /. You are supposed to call me a name and put me on your foe list!

      There is no place for maturity here!

    22. Re:Don't let your wedding photographer bully you! by iminplaya · · Score: 2

      by default all images are copyrighted by the photographer, anything else would be crazy.

      No it wouldn't. I'm all for allowing attribution to the photog, since anything else in that respect is impossible. I am and always will be against any copyright restrictions. When I get paid for performing my work, all other payments and gains(or losses) to and by third parties is absolutely irrelevent. I got paid. I'm not going to cry over every penny someone else subsequently gains from the work. I didn't work for that money. I'm not entitled to it. Only the people who performed that subsequent work are. When they use something I made, I don't complain. I'm happy to see my work being enjoyed by others. In fact, that's how I function here, and there's always plenty of food on the table. I'm not a glutton, like those who crave exclusivity.

      --
      What?
    23. Re:Don't let your wedding photographer bully you! by JetTredmont · · Score: 2, Interesting

      In other words, instead of being up front and explaining why you cost x amount, and why you are worth it, to the happy couple, you low-ball them and hold their wedding photos as ransom to get the full amount you believe you are entitled. Obviously, after the wedding's done they aren't going to say, "no, sorry, we don't want any pictures" ...

      Life is so much simpler when people deal up-front. You know you need $5000 for the wedding for it to make sense. Tell them that up front. Yes, say if they don't like you pictures, etc, etc, they don't have to buy them and they'll end up paying less. But $5000 is your cost. Period. If they want to cost-compare make sure they include all the prints and rights you are including (which should be everything, 'cause you just want to get $5000 out of the deal), and, more importantly, understand the benefits of not having to run crying to you to get another copy of their wedding photo so they can hang it in the vet's center fifty years from now.

      Also, the "if you want to only do weddings, nothing else" thing: yeah, and if I wanted to earn a living playing Santa Clause at the local mall I'd need to get paid $1000 per hour too! But, unfortunately, that just doesn't happen. Find something profitable to do in those other six months of the year, or don't complain that you make half the wage to which you feel you are entitled.

    24. Re:Don't let your wedding photographer bully you! by Grishnakh · · Score: 4, Funny

      We had a few photos that were not very good, but captured a particularly important event.

      Your wife getting boned by the best man?

    25. Re:Don't let your wedding photographer bully you! by tcgroat · · Score: 2, Interesting
      Our photographer had to ask *us* for permission to use shots from our wedding in her portfolio.

      You found a genuine professional to shoot your wedding! Asking before using your photos in the portfolio shows she honors her responsibilities, too. Without model releases, you don't use private photos for advertising or other commercial purposes. Owning the copyright isn't enough; you need releases too (with some exceptions for photos made in public places, of public figures, concerning matters of public interest, etc.).

      Ownership of the images is part of your contract with the photographer. The time to negotiate this is before signing the agreement and paying the deposit, not after the job is done. If you want to own the images the contract should state they will be "work for hire"; otherwise the photographer (as author) owns them by default. Expect to pay more for ownership, because you're asking the photographer to forego future revenue.

      A work-for-hire contract protects you against the studio going out of business. That's a real concern with the long copyright periods we have today: I have pictures of long-dead relatives, taken by dead photographers, who worked for studios that failed before I was born. The copyrights on these photos have not expired, so no reputable lab will make copies.

      If you own the copyright, mark the originals "(c) [year] [your_name]". Better yet, have the work-for-hire photographer apply your copyright notice to the originals, leaving no doubt she was aware of the work-for-hire arrangement.

      IANAL. If you're going to court over photos (or anything else), hire one!

  3. 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.

    1. Re:Example of a Rejected Photo by temojen · · Score: 2, Insightful

      The colour photo is slightly out of focus, the light is too much stronger on the left side, and slightly different colour in the shadows. The bottom was shot fully open with a faster lens than most amateurs would own, the focus point is correct (on his eyes), and the light is well balanced.

      The tip off that it's actually amateur should have been that it's a portrait shot with a wide-angle lens (I'm guessing equivalent to 28mm on a 35mm SLR). This makes the nose look bulbous and the ears look tiny. A professional would have used a fast, longish lens like an 80mm f1.4 or a 120mm f2.8. These would have given the correct perspective and small depth of field (to blur out the background).

  4. I wrote about this yesterday by cens0r · · Score: 5, Insightful

    If the wedding photographer is giving out the 8 megapixel versions of the images on CD, then they're just stupid. If a person has a CD that has 8 megapixel pictures on it, chances are good that they took them themselves.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    1. Re:I wrote about this yesterday by timeOday · · Score: 2, Insightful
      Not hard to make an 8 megapixel scan from an 8x10 print though.

      I admit, I scan my kids' portraits and team photos into my personal digital photo library.

    2. Re:I wrote about this yesterday by temojen · · Score: 2, Informative
      Not hard to make an 8 megapixel scan from an 8x10 print though.
      But it is VERY hard to make a scan of a print that's anywhere near as good as what the film or CCD saw.
  5. I Know by sammykrupa · · Score: 5, Funny

    "Your Digital Photos Are Too Professional"

    Yes, I know. Thank you.

  6. Paiin by COMON$ · · Score: 3, Interesting
    My dad takes photos for Seniors in High school who cannot afford a professional photographer. He started getting better than the Professionals and when he went to get his photos developed he had to jump through a lot of hoops convincing the store clerks that he was legit.

    So are we trying to squash small business here or what? if you are a professional and dont digitally sign your photos then that is your fault.

    --
    CS: It is all sink or swim...oh and did I mention there are sharks in that water?
  7. Hrmm by axonal · · Score: 5, Funny

    All the Walmarts I've been to denied the pictures from my honeymoon. I guess they must be some really good professional pictures.

    1. Re:Hrmm by MyLongNickName · · Score: 4, Funny

      I think it had more to do with the midgets, the trapeze and the leather restraining harness.
      Not all employees want to see your "personal preferences".

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  8. Wal-Mart wouldn't print my General Ackbar! by Anonymous Coward · · Score: 2, Funny

    They said it might be a trap.

  9. safety. by ShaniaTwain · · Score: 3, Insightful

    ..and yet you can still buy knives, hammers, pillows and other dangerous object that could be used to KILL someone. I guess full and complete protection of 'intellectual property' is more important than full and complete protection of human life.

    Or maybe, just maybe we dont need everything to be protected?

    1. Re:safety. by Nogami_Saeko · · Score: 2, Funny

      Ah, but you see - after a knife, hammer, pillow, or other dangerous objects are utilized, there are less people around to file lawsuits.

      Which means it's OK!

      N.

      --
      "Nothing strengthens authority so much as silence." - Charles de Gaulle
  10. Why is it the printer's responsibility? by bwalling · · Score: 5, Insightful

    If I sign something claiming ownership of the image, why are they liable? They have no way of actually knowing, and couldn't reasonbly be expected to do so. To expect the printer to be the enforcer is only creating a point of friction between the printer and their customers. This just seems so black and white obvious to me.

    1. Re:Why is it the printer's responsibility? by donutello · · Score: 4, Insightful

      Because the current US tort system allows you to sue the person with the biggest pockets regardless of who holds the biggest responsibility for damages. Homeowner shoots burglar? Sue the gun company.

      --
      Mmmm.. Donuts
    2. Re:Why is it the printer's responsibility? by bwalling · · Score: 2

      What's right and what's fair isn't what we're discussing - this is strictly an issue of practicality in modern courts. Obviously someone at Walmart thinks that putting these restrictions in place is a lot cheaper in the long run than the alternative.

      I keep forgetting that capitalism was redefined to mean screw people over to get their money.

    3. Re:Why is it the printer's responsibility? by spiritraveller · · Score: 4, Informative

      If I sign something claiming ownership of the image, why are they liable?

      Because that's what the copyright code says.

      It's strict liability. As long as you are copying copyrighted material, Congress doesn't care whether you knew it was copyrighted or not.

      Maybe this will spur Congress to reform the copyright code... NOT!

    4. Re:Why is it the printer's responsibility? by qwijibo · · Score: 2, Insightful

      The lawyers don't even need to be incompetant. There is almost no way anyone could win such a case. However, it would cost the company thousands of dollars each time to have a lawyer go in and argue that the infringement was done by an individual who asserted that they had legal rights to copy the image. Even when you win a lawsuit, you're out the money it took to hire the lawyer to fight it. This is the expense they're trying to avoid.

      Corporate lawyers are supposed to protect the companies, and management is supposed to decide how to spend the company's money most effectively. The cost of implementing a retarded policy is very small. Management looks at the cost of paying a lawyer to fight something the company doesn't care about and the cost of the stupid policy and implements the stupid policy because it's more cost effective.

      There is no need to worry about if they can defend themselves legally because all of the actions are motivated purely by money. Any form of risk, no matter how small is bad because it can cost money. It's really that simple.

  11. Marriage by Spez · · Score: 2, Insightful

    I'm getting married in 2 month, and the professional Photographer I've hired uses a digital camera and photoshop to accentuate colors and things like that.

    The only difference is that a professionnal photographer, unlike me, knows how to take good poses, good angles, and knows what to do in photoshop to make the picture a lifetime souvenir

    --
    I wouldn't mind you in my head, if you weren't so clearly mad -Lews Therin Telamon
  12. My brother runs into this by lthown · · Score: 2, Interesting

    My brother does wedding photos http://www.bairphoto.com/ and gives the "digital negatives" to the people - he just charges for time. He sent me this link yesterday, he said now he knows why more and more of his clients are asking for print release forms. He is starting to include a stack with the CD when he gives it to people.

  13. Let's all time travel back... by neonfrog · · Score: 5, Insightful

    ... to the invention of the photocopier.

    Remember when you went to a Staples or Kinkos and they wouldn't let you photocopy lots of things because they *might* be copyrighted works? Remember when you had to jump through hoops to prove that you were photocopying a book segment for a school book report?

    Fast forward to today. No problem anymore. They just refer you to the Self Serve copiers with the "Don't Copy Illegally" signs and look the other way while you make your own Oxford Englsh Dictionary at 5 cents a page.

    This will be a ridiculously short-lived phenomenon for two single word reasons:

    * Kiosks

    * O-foto (that's not really a word...)

    --

    I'm thinking about it, therefore I might be.

  14. Proof of Ownership by dos4who · · Score: 3, Informative

    RE:"There's no well-supported digital equivalent to a negative"

    While it's not absolute proof of ownership, most digital formats these days include a specification called EXIF. (Google for "EXIF" or see http://www.exif.org/ for more info).
    The extraneous information in a digital photo containg EXIF data includes such information as Make & model of camera, etc. While such information is not absolute, it can, in a pinch, providde reasonable proof of ownership, as long as you can show you own the equipment specified, and that all the images point to your equipment.

    --
    "Yes, I have a Disaster Recovery Plan. It's called my Resume"
    1. Re:Proof of Ownership by ewhac · · Score: 2, Insightful

      You do realize there are tools out there that can completely replace the EXIF block, yes? (Granted, most people wouldn't know how to drive them, but still...)

      I wrote an EXIF thumbnail extractor about a year ago. EXIF is just a TIFF-formatted collection of data used to describe the photo. As you might imagine, some cameras get the EXIF data wrong, or leave out bits people consider important, so there are tools available to modify it. There's nothing special about it; if you know TIFF format well enough, you could bang out a valid EXIF header using nothing more than a hex editor.

      So no, I wouldn't consider EXIF data to be a reasonable source for corroborating "ownership" claims.

      Schwab

  15. DRM by RickPartin · · Score: 3, Funny

    I can't wait till they start DRM'ing film. You have developed this film more than one time. Please call this activation hotline you god damn pirate. Thank you

  16. Heh by British · · Score: 2, Insightful

    Maybe it's time to start up a photo business that doesn't care about copyrights.

    Honestly, why would a photographer want copyrights on Ma & Pa Kettle's wedding photos? Is there a release form the couple has to sign off to the photographer for all images of THEM?

    Maybe the photographer should be paying them for modeling, with a clause that they(wedding couple) get a copy for framing.

    Or pony up the $ and just do it all yourself, have a neighbor kid take the photos and pay them an agreed-upon fee.

    1. Re:Heh by jfengel · · Score: 2, Interesting

      The photographer doesn't want the copyrights per se. He just wants to be the guy to print them, and charge for the printing. He makes money, and he (or she, of course) guarantees that the prints are to his specifications. He'd hate to have his rep ruined by a bad print job.

      There really is a difference in quality between a pro photographer and the neighbor kid with a camera. Maybe the kid's a photo nut who knows the right lenses to use, the right lighting (especially for formals rather than candids), how to compose a nice shot, and will otherwise be professional (getting the pictures on time, being nice to the guests, etc.). Or maybe not.

      So feel free to start up your non-copyrighted photo business. There are plenty out there already. But I expect that they're a little more expensive than the photographers who retain the copyrights, because they don't expect to make their profit on the prints.

      Or maybe they're just a dying breed. What I said notwithstanding, you really can take good photos these days with a consumer camera and a tiny bit of artistic sense. Pro wedding photographers may simply be a dying breed.

  17. On the other foot by Boing · · Score: 3, Funny
    I'm afraid I can no longer purchase movies or cds from Wal-mart, because for all I know they're just well done bootlegs. I've got to "err on the side of protecting copyrights", after all.

    Same thing with other Wal-mart products, I'm afraid... I can't be sure that they're not violating the trademark protections of Coca-cola by packaging a knockoff as The Real Thing (tm).

  18. Digital is killing Professionals by bahwi · · Score: 2, Insightful

    Except in extreme circumstances, digital is going to kill off a lot of "professional" picture takers.

    With more and more megapixels, you can take bad pictures, incredibly off-center, etc.. crop, and voila, the subject is now perfect center(you can even measure it with photoshop to be sure!).

    Sure, there'll always be call for professionals, but it's getting to where you can have just about anyone with a 45-minute course and a big-megapixel camera can do some pretty good shots.

    My favorite is my cheap kodak digital can take pictures from far away, with its little bit of zoom, and I can get home, zoom in on the picture in photoshop(reduces maximize size of final print though, not that I really print much) and it looks like I either had a very professional camera with a huge zoom, or I was much closer when I took my picture, even if that isn't a possibility.

    1. Re:Digital is killing Professionals by Matts · · Score: 2, Insightful

      As an amateur (but keen) photographer I think you're totally off base. Taking good pictures is most definitely a skill, and one that cannot be fixed in photoshop. I may even go as far to say that it's an art, and one that most people will simply never master in their lifetime.

      You may think your edited picture looks like a pro's picture, but believe me it won't look like it to anyone with a critical eye.

      I spend a lot on equipment, and I'm very proud of the kit I own, and the results I've created so far, but even with photoshop and hours of my own time I couldn't dream of matching up to some of the professional pictures I see posted to some of the photography forums I frequent.

      --

      Matt. Want XML + Apache + Stylesheets? Get AxKit.
    2. Re:Digital is killing Professionals by hacksoncode · · Score: 2, Interesting
      I think you're missing the point. The resulting photos don't *have* to be as good a professional photos.

      The person taking and editing the photo has to *think* that they are just as good (or close enough that it isn't worth the money to hire the pro). And the vast majority of people are fucking arrogant and have no taste.

      It remains to be seen whether professionals can survive on income only from that tiny minority of people that actually *have* taste.

  19. 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

  20. You've got to be kidding! by Rowan_u · · Score: 2, Insightful

    From what I've learned about weddings (from working as a holiday inn Chef) they seem be a the eternal hotbed of scams. Everything from when they sell you a small rock for thousands of dollars on down to the throwing of bouquet is a scam of some sort and everybody wants a piece of the pie. Ernest young lovers ready to through as much of their parents money away as possible are hard to resist. But keeping the copyright to the wedding photos? That is truly ridiculous. At our wedding (which didn't cost a dime btw) we had three photographers, all amature. I did a compilation of photos for everybody afterwards and burned them to cheap CD's.

    My question is this; who is printing their digital photos at Walmart anyhow? With ink jet printers being the cheapest they've ever been (and with the average consumer knowing little about fading inks and the like)wouldn't a printer purchase quickly pay for itself?

    --
    only one everything
    1. Re:You've got to be kidding! by AndyChrist · · Score: 2, Insightful

      My question is this; who is printing their digital photos at Walmart anyhow? With ink jet printers being the cheapest they've ever been (and with the average consumer knowing little about fading inks and the like)wouldn't a printer purchase quickly pay for itself?

      No, they won't. Unless you're buying in bulk (and even then prints at a shop often go down in price as the quantity goes up), you're still probably paying 1 1/2 times as much to print at home. And that's before you find out that the print is less durable.

      The only real benefit to a printer is convenience. Get your prints without having to take/send your files to the photo lab.

      For printing a large number of pictures, a trip to walmart (or in my case the local photo processing shop)can pay for itself.

    2. Re:You've got to be kidding! by dangerweasel · · Score: 3, Insightful
      In reference to your printer comment, wasn;t there an article just the other day about rising ink prices? I don't think they will ever pay for themselves...

      I work in a professional photo lab and we saw this print your own trend in our professional clients. They would go out and buy some fancy-ass Epson printer and try to print their own work, only to discover what a righteous pain in the ass it can be. From color issues to problems with the original image (going to a "professional" photographer does NOT guarantee a "professional" image) there is a minefield of places that things can go wrong.

      PS. Pro's are also getting there work printed at the discount places right along side you, and still trying to charge $10 or even $20 dollars for a 4x6 print they paid $0.29 for. They are well deserved to be in the list of over paid profession. Plus they have to be about the whiniest people I have ever had the misfortune of dealing with.

      I never said this. I was not here.

  21. The basic problem by lheal · · Score: 2, Insightful
    Professional photographers have successfully sued processors (like Wal-Mart) for reproducing their digital works without permission.

    That's a bad precedent. Service vendors should not be put in the position of monitoring content or judging it, any more than an ISP should monitor its customers' activity (except in a general way). Whether a customer has copyright or permission on a file or photo is not their call, unless they see something obviously illegal happening.

    This isn't Big Brother, really, it's worse: enforced imitation bureaucracy.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
  22. Re:Piracy by OhPlz · · Score: 3, Insightful

    I had something like that happen at a Quebec to Vermont border crossing. I was in my early 20's driving a brand new (gasp) SUV. The US BP agent was certain I couldn't own such a vehicle. She even hesitated to accept the temporary registration and title application as proof (I hadn't registered it yet).

    There's too many busy-bodies and not enough MYOB sense.

    Why would Martmart even be the victim of a lawsuit? They acted on a request of a customer, if the customer ordered a reprint of a copywritten work THEY should be the guilty party. Without an absolute way of verifying copyright status it's absurd to hold Martmart responsible.

  23. My wedding, My photos by Pitr · · Score: 2, Insightful

    Ok, I have a metric assload of problems with this whole concept.

    First and foremost, photographers are paid to take really good pictures, and maybe do some prints. I still think the digital version belongs to the person who's wedding/whatever it is. Yes, the photographer needs to be paid, but he gets paid. And quite well too. What is it, a grand or two for a days work?

    Second, if there are legitimately copywrited photos printed by someone who doesn't own them, it's the person who had them printed who is liable. Not the printer. Otherwise it's like suing maytag because someone washed your dry-clean only sweater.

    It seems legal battles are now just big finger pointing contests, and copyright is about who you can sue. I think the whole process needs a reality check, because the spirit of copyright and other laws has been completely lost.

    --

    --Not to be worried, Pitr fix.
  24. Re:Stipulations? by VidEdit · · Score: 5, Informative

    A stipulation where? Not in copyright law. Copyright does not allow you rights to reproduce "orphan" works such as wedding photographers--at least in the US. This problem is much bigger than Walmart. Ironically copyright law *presumes* that the person who commissioned the work owns the copyright, therefore if you or your relatives are in the photos it is reasonable to assume that the copyright belongs to you regardless of who took the pictures. Professional photographers try to turn copyright law on its head and make clients sign contracts saying that the work for hire is not work for hire and that the photographer owns all rights to your photographs. The first thing is to never agree to give up copyright to a photographer. Remember, if there is no written contract to the contrary, any photography you commission is copyright by *you*, regardless of whether the photographer tries to write "proof" or copyright by so and so. If this wasn't' the case, those pictures you ask strangers to take of you on vacation wouldn't belong to you either. At least one European country has a law saying that you have a right to reproduce pictures of yourself or of dead relatives. We need such a law to make sure that our heritage isn't locked up by silly copyrights.

    --
  25. Scanning a copyrighted photo by tepples · · Score: 2, Insightful

    If a person has a CD that has 8 megapixel pictures on it, chances are good that they took them themselves.

    How would they know it's not an unauthorized 8 Mpixel scan of a copyrighted photo? Let's see... (touches buttons on wristwatch calculator) a scan of a 4x6 print at 600 dpi will be about 8 Mpixels.

  26. End of an era.. by OreoCookie · · Score: 2, Insightful

    If you can take nice photos, great, but don't expect to get rich doing it. When the technology was new and the expense of equipment and processing was prohibitive then very few people could afford to take nice pictures. With today's digital tools, even a hack like me can get some really nice shots. When you take 1000 digital pictures at zero cost then the law of averages means you'll get a few good ones, and even the not so good ones can be post processed to make acceptable prints.

  27. "No professional cameras allowed" by erroneus · · Score: 2, Interesting

    I know this is not exactly on topic, but I have attended events where cameras were permitted but not "professional" cameras. I've got an Olympus C-730. Not a "cheap" camera, but not what I'd call professional either. In any case, I have had to talk people into allowing me to bring my camera. Ridiculous.

    Okay, so technology in the hands of the average/casual user is getting better and better. The results from these devices are better and better. That's what people want. Now we can't use them for fear of being sued? It's getting ridiculous.

    I haven't run into that problem yet but then again, I don't see the point in getting pictures printed anyway... and if I did, it would give me the perfect reason to go out and buy me that awesome dyesub printer or really nice color laser printer. (Inkjet just sucks and as often as I print color things, I'm lucky to get a few pages printed before the ink goes bad.)

    I recall a run-in I had with a wedding photographer... he did everything he could to get in my way. Those attitudes are definitely out of control as well. It was good to read that these professionals are gradually shifting to getting paid by the time spent taking the pictures rather than by the print.

    And finally, this "PPA" group? I think they need an extra "A" in there to be the PPAA. Then it'd fit in nicely with all the other **AA groups that we can collectively hate for stifling our freedoms.

  28. Make your own copyright release form by loggia · · Score: 2, Insightful

    You have to remember: these rules like so many exist to somehow make people feel like the problem is being addressed without actually addressing it.

    The employees have been told they need a copyright release form, but obviously wouldn't know a legitimate release from their own ass.

    If they're your photos, find out what a copyright release form looks like, make one and sign it. Make sure it is signed and printed with a different name from your own as that is probably the spectacularly brilliant method of determining legitimacy. So make up a pseudonym for your photo work and make your own release form.

    Remember - these are your photos, you are doing nothing wrong. You are just giving retail employees what they want.

  29. What this needs is a good, old-fashioned, contract by urlgrey · · Score: 2, Interesting
    No, really, I'm not joking.

    All this can be avoided with these three sentences:

    By using our processing service, you agree that all photographs are images being processed and/or printed are your own or that you have all legal rights to process and/or print the images.

    If you are not certain you do, you may be held legally liable for fines up to $100,000 for copyright infringement.

    By using our services you agree to be bound by these terms and to assume all risk.

    DONE! That's it. DONE. But instead bureaucracy gets in the way of good judgement. Again.
    --
    Running 'Nix is like owning a Lightsaber. It's "a more elegant weapon for a more civilized time."
  30. Solution to this very problem by Giant+Killer · · Score: 3, Informative

    My brother-in-law had this very problem recently at Costco. After arguing with the person, he eventually had to fill out all sorts of silly paperwork to get them to let him print his own damn work. Just because he's got a good eye and a decent camera (Digital Rebel rocks with the kit lens, folks) they told him the images must have been done by a professional. A compliment of sorts, but quite an annoying one.

    Like others have said, PRINT ONLINE. There are some great services out there, and if you know exactly what you're looking for you can get a good deal. My favorite for amateur photos is currently Mpix.com. They have a great turnaround time, but more importantly, they have metallic paper. If any of you have noticed those crazy cool silver gelatin prints in museums, this gives that same sort of effect. Looks great for black and whites, but especially amazing with reds, blues, and yellows. They also have this cool continuous tone black and white paper (regular digital prints won't give this). Their prices are good, too.

    If you're looking to do real work somewhere in the semi-pro realm, there's really only one choice: White House Custom Color. This place is for real. You don't just open up an account and upload photos. This place has you fill out a client questionnaire and then they send you samples of their stuff. The coolest thing they have, which I've not seen anywhere else, is linen textured paper (you'll have to read through one of the PDF's).

    If you need something local and same day, Walgreens is great. They almost always have some sort of a special each week, and I ended up paying $.19 for each 4x6 the last time I was there. The color might not be spot on, but it is same day service. Shipping and tax end up balancing out in the end. Not bad at all.

    1. Re:Solution to this very problem by Kiryat+Malachi · · Score: 2

      I have a lot of respect for both the D-70 and D-Rebel as the cheapest way to get into real photography. Both are very, very good bodies; the difference, as far as I can see, is that the Nikon kit lens is (as you said) quite, quite good, and the Canon's... isn't. Canon L-glass is good, and Nikkors are generally good, but kit vs. kit, Nikon comes out clearly ahead.

      I think my favorite lens for my D-70 is the Nikon 50/1.8, and it's probably my most used lens (although I've been giving the Tokina 12-24 I bought a workout lately). I picked the Nikon 50/1.8 AF-D up for $100, new in box. If you don't have one, it's a cheap investment and well worth it.

      (For the record, lens. No e.)

      --

      ---
      Mod me down, you fucking twits. Go ahead. I dare you.
      (I read with sigs off.)
  31. first had experience by alex_guy_CA · · Score: 2, Interesting
    As a photographer with a digital work flow, I have to deal with this all of the time. I send all of my wedding clients a proof CD with screen resolution images. The cd even has a copyright notice, and the contract has my ownership of the images in the terms and conditions, and I still get upset clients calling and saying "I took the images (again, these are the screen resolution proofs) you sent me to the lab and the prints look horrible, wah wah wah."

    I have flirted with watermarking the images with a copyright notice, but I think it looks bad.

    I've kind of just come to expect this as a part of doing business, with the resigned idea that people who want quality will pay for the quality prints from me, but I can't say I'm happy with that as a solution.

    I'd love to hear what others are doing if your out there.

  32. It's all about the rights :) by BrianJacksonPhoto · · Score: 2, Interesting

    I'm glad that the big box store photo labs question certain photos.

    A while back, I needed some quick proofs of a portrait shoot I had done for a client. Went to the local Walgreens for the 1 hour prints. They said "these look professional, we can't print them". I said "Thank you, they are". Then handed them by business card, business license and sales tax resellers permit. No problems, they know me now.

    I often use Costco for quick 12x18 and 11x14 display prints for events we're about to do with http://www.actionathletics.com/. They're cheaper than my pro lab, faster and the quality is pretty good, not as good, but good enough. They did question me at first, but I showed them the docs and luckily I have a business account there as well.

    As far as wedding photographers giving up copyrights... You're way off base here. If I'm doing an editorial shoot and the client wants copyright transfer, they're paying 10X my normal price.

    Protecting copyright is not "old-school" thinking. We live in an IP intense age. The US doesn't produce widgets anymore, it's all intellectual property. There's nothing wrong with protecting your rights, in fact you're a moron NOT to. Apply the same logic to programming and see if you have the same response.

    You can still get the "digital negatives" from a shoot. The photographer can license you the right to make prints from those images. You cannot sell them, you cannot publish them, but you can make as many prints as you would like. What's wrong with that?

    Going back to the programming example. Say I need you to write an accounting app. You're an independent(not my employee). You write the code, I pay you $XXX. Do I have the right to turn around and claim that it's mine? Depends on the contract. By default, you own the rights to everything you produce unless you explicitly grant those rights to someone or you're an employee. Same thing with photography. It's all about the rights :)

  33. Re:Who cares? by Blue-Footed+Boobie · · Score: 2, Informative
    Good quality photo printers are just too innexpensive to justify using a retail service.

    Um, Walmart's photo printing service uses Dye-Sub printers - and a 4x6 print only costs $.19. I'm sorry, but the quality is excellent and the price is far cheapers than a "consumer" dye-sub's (Kodak, Hi-Ti, et al) cost-per-print.

    --
    DAMN YOU OCTODOG! DAMN YOU TO HELL!
  34. 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. =-
    1. Re:I work in a Wal-Mart photo lab. by Jherek+Carnelian · · Score: 2, Funny

      we have Fuji Frontiers, look them up, and I at least know how to use it

      You and about two other walmart employes in the entire country.

  35. It's your choice... by Shadowell · · Score: 2, Interesting

    Being a serious ameture/semi professional photographer and photography student, I tend to be above average on the picture taking side. Of the many Walmarts within a short drive of my location, there is one that generally refused to release my work to me, even when provided with a copyright release for printing. Simple solution, I don't go there anymore.

    Why would a person want to print at Walmart? Simple, convienient, quick turnaround on the cheap.

    There are many times that I've done an assignment where I need to provide 4x6 prints for review in class, and Walmart is good enough for that usually. If I need quality, I go elsewhere.

    Simply buying a photo printer is not always good enough. Yes, they are incredible compared to what could be done just a few years ago, but they still lack the perminance that a lab print has.

    And yes, there are many photographers that will not release the negatives or copyright to a client, which is done simply to try to get more money from the shoot at a later date.

    Copyright law gives copyright to the photographer automatically unless there is a contract making it a work for hire, or stating otherwise. I do not see a problem with that, as the photographer IS the artist that is producing the work. If I have a client that wants the negatives, I allow that, but I charge for it. When it comes to wedding work, my most common contract allows the client to reproduce the work, be it at Walmart or where ever, and comes with a copyright release to that effect. I however still retain copyright and just grant use to the client. There's nothing wrong with that, allows them to make copies whereever they want, if they want, but still allows me to use the work for my portfolio, etc. And yes, I charge more for that than I would if I retain all copyright rights.

    The funny thing, is that most of them still come back to me for reprints. Mainly because the quality I can give them is beyond when Walmart can produce. Yes, if they really wanted to they could do their homework and have them printed at the same pro-lab I use, and get the same results I would give them. But they usually don't do that.

    Traditionally photographers for weddings have retained all copyright, requiring the client to come back to them for reprints. That is a business model that is dying, but still very much alive. If you don't like it, go to a photographer that gives you the option. There is NOTHING that requires you to use a photographer that won't release copyright in any way. It's your choice.

    But don't bitch if a photographer that will release copyright wants more money than the one that won't, that's the whole reason they charge less, they expect to make more money later off the client.

    As to getting Walmart to print an individuals good quality work, be it ameteur or professional, either have a copyright release handy (you can snag 'em from that newfangled thing called the internet for nothing after all), or DON'T GO TO WALMART. One of the reasones the small photo shop is going under is because of places like Walmart. If you want to be treated nicely, try a smaller shop, you might be suprised that they actually listen to you when you say it's your shot...

  36. Nnnnnnope! by jpellino · · Score: 2, Insightful

    A few months ago, the local Staples - their self-serve machines were all down - refused to copy a *tele-facsimile* of a *copy* of a property record of my house from our local town hall. "It's a legal document. We can't copy it." I had them produce their printed rules on this. While lots of other things were mentioned, "legal documents" were not blanket excluded. They still refused. Ditto the manager, and it was leave or they would call the police.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    1. Re:Nnnnnnope! by yellowbkpk · · Score: 2, Informative

      Add a hundred bucks and you can do laser. Much better for longer-run Black and White copies. :)

  37. Re:Simple Solution: DNG by ewhac · · Score: 2, Insightful
    My only concerns is that since there is no encryption on DNG files, can you prevent people from turning JPGs into DNG files?

    Since DNG is just another file format, there's nothing to prevent you from transcoding from JPEG to DNG. However, it should be possible to immediately distinguish between a JPEG->DNG file and a "true" DNG file just by looking at them, because of the DCT artifacts.

    But your larger question is correct: Posession of a DNG file will prove exactly nothing.

    Schwab

  38. This happened to my wife.. by dbmasters · · Score: 2, Interesting

    My wife is taking photography classes, and she is quite good at it. As part of an assignment she took pictures of my sister and her fiance' as "engagement pictures". My sister took them to Walmart to have a few dups made to send out to family to announce the wedding. The clerk said they couldn't do it without the photographers permission, so my wife had to go in with her... I understand personally. Professionals don't allow dups unless they do it and over charge you to do it. That's how they make their living. But, it isn't judged by being "too good" of a pic, it's often judged by if there is a professional backdrop, professional props in the pic or such things that are considered a giveaway that the pic was done in a studio... Or, that's what I got out of the experience.

    --
    dB Masters
  39. You forgot contract law by Old+Man+Kensey · · Score: 2, Interesting
    blurfus wrote:

    I own everything I create (including my wedding, which I pay for and participate it, and create). The photographer does not 'own' the broadcast of this product (because he has not paid for its rights). I am paying him to document it, but it's not his creation.

    It's not his creation, but if you sign a contract that says so, he does in fact own the "broadcast rights".

    In the absence of a contract, the photographer could take pictures of the wedding party as they came into public space outside the church, but could not then make commercial use of those images (without seeking permission to do so). On the other hand, neither can you stop him photographing you, nor stop him from making noncommercial use of the photos. (The rules change a bit for "public figures", who have less control over their images. See "paparazzi".)

    However, once you sign a contract that explicitly gives the photographer exclusive rights to commercially create and sell reproductions of your image as captured by him, your own right to do so is gone forever, unless and until you get him to give you back those rights , unless your locality has an unprecedented law to the contrary. In the US, at least, you do not have a Constitutional right to be protected from your own bad judgement in signing away your commercial rights (there are certain rights that are not legally recognized as subject to contract law, such as the right to the franchise).

    Copyright of a photograph initially vests in the photographer, and has done for years and years and years. Rights to an image of a person initially vest in the person. Before a photo can be commercially copied, both those rights have to align.

    --
    -- Old Man Kensey
  40. Re:Watermarking by Stonehand · · Score: 2, Interesting

    To a degree, yes (to a degree only; there are a number of ways to remove watermarks in a digital image, unless it's something very obvious such as a huge, clearly legible copyright notice running on the diagonal of the image. You could, for instance, print and re-scan, or convert the image through multiple formats including additional lossy compression, clone areas of the image, or so forth.)

    The bigger problem is that while the existence of a detectable watermark would indicate that somebody probably cares about his copyright, the lack of a detectable watermark does not indicate the reverse.

    Still, it's an annoying policy. If I were going to have pictures printed in a brick-and-mortar joint, it'd be tempting to haul my gear (camera body, multiple lenses, tripod, flashes, etc -- nontrivial stuff, really) and lay it out on the counter if they question whether I might have taken the shots. Then, set up the tripod or alternately the hefty hot-shoe flash and start shooting customers and the store staff. *shrug* It'd probably be a good way to get kicked out of the store, but it might be amusing in the meantime.

    --
    Only the dead have seen the end of war.
  41. Going Online can have same issue. by OS24Ever · · Score: 2, Interesting

    I did the linked portrait session at home with some alien bee strobes & a collapsable background.

    I imported them into iPhoto, and used their photo service to order 4x6s, 5x7s, and 8x10s.

    I got a nice email about how it looked like I was reproducing a pro's prints, to which I was amused because I thought they didn't look that amazing but I digress.

    I had to sign a simple release form, fax it in, and I got my prints.

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

  42. Skip WalMart, use Costco by neile · · Score: 3, Informative

    Costco is more than happy to take your semi-pro or pro shots and print them. In fact, they specifically do things to cater to pro-sumers and independent professional photographers: each and every one of Costco's digital printers are profiled every six months. The profiles are made available on the web at Dry Creek Photo so you can have a completely colour-managed workflow.

    The best part is the price :) Costco's largest size, 12"x18", is only $2.99 a copy, and they look stunning. I have six hanging in my office right now and people are shocked when I tell them where they were printed.

    Neil

  43. Flip Side by QMO · · Score: 2, Interesting

    Then again.
    Suppose I take a picture and send it to Wal-Mart (or wherever) to get it developed.
    A few days later I walk in and they have the picture there, but won't give it to me.
    That seems like a HUGE vulnerability to lawsuit there.
    They have MY picture there, and won't give it to me?
    There's got to be some greedy lawyer that could make a bundle from that kind of situation.

    Even suppose that they say that it isn't mine, 'cause they won't sell it to me.
    Then they've made an unauthorized copy of my photo, since I didn't authorize them to make any copies that weren't for me.

    --
    Exam 4/C again. Maybe I'll do better this time.
  44. The stupidity about copyright seeps deep. . . by Fantastic+Lad · · Score: 2, Insightful
    I was visiting an art class where the kids and teachers were actually honestly worried about tracing pictures out of books because of copyright laws.

    I put as solid an end to that nonsense as I could, saying, "Tracing pictures is a great way to learn how to draw, so do it whenever you feel like it and don't worry about it. Nobody with a clean brain is going to care if you hang a drawing of Sponge Bob on your fridge, and if they do, it's their problem. Geez."

    Then I gave a speech about how fear and over-control are the death of creativity, and that the world is currently insane, and not to fall for other people's psychological issues. Draw whatever you want. Sheesh.

    The thing that really stood out was how the moronic laws and idiot debates are actually taken to heart by children and burned into their brains as Right and Wrong in the same way that "Looking Both Ways Before You Cross The Street" is burned in. Or, "Obey Authority Even If It's Totally, Obviously Insane".

    Bavarian Fire Drills are for chumps.


    -FL

  45. Re:Stipulations? by OglinTatas · · Score: 2, Insightful

    "Your forgetting the fact that its the photographers equipment. Time == Money."

    He did not forget this. You completely missed it when he wrote "any photography you commission is copyright by *you*"

    He is describing work for hire. You commission a work, it is a work for hire, therefore under current copyright law _you_ own it for 99 years. The photographer's time and equipment is reasonably compensated by the fee he negotiates for commission, otherwise he should not have accepted the commission.

  46. Re:Sillyness by ZephyrXero · · Score: 2, Interesting

    Actually the current US currency system is pretty stupid. We're making more fake paper money than we have real money (like gold and such) to back it up with. The little fairy tale thing was just me being goofy, but in all honesty the phrase "intellectual property" is pretty oxymoronic...

    --
    "A truly wise man realizes he knows nothing."
  47. Re:Stipulations? by Jherek+Carnelian · · Score: 3, Insightful

    How can you possibly think that the photographer does not own the copyright to work HE/SHE created?

    How can you possibly think that the buyer does not own the copyright to work HE/SHE paid for?

    You really need to learn what "work for hire" means.

  48. Re:Sillyness by Reality+Master+101 · · Score: 2, Informative
    We're making more fake paper money than we have real money (like gold and such) to back it up with.

    Er, time to come out of the 19th century. :) "Money" is an incredibly complex concept that I'm not going to pretend to fully understand (there's a first for Slashdot), but the fact that it's not "backed" by a hard asset is a feature, not a bug. Tying it to a something like gold puts your economy at the whims of miners and people who stockpile gold.

    Currency is an extremely carefully controlled thing. Why do you think the Fed is independent of the government? It's so the government can't start printing money whenever they want to. Currency is, in fact, backed by the US Economy, the total of all assets, and the banking system, and the amount of currency is balanced to all that.

    --
    Sometimes it's best to just let stupid people be stupid.
  49. Re:Sillyness by samkass · · Score: 2, Interesting

    Then think up a new term than "intellectual property," but the concept is solid. Anything that requires substantial investment to develop and has value to people should have a system whereby that investment can be recouped. While I agree current US law has gone a little too far, saying that "intellectual property" as a general concept is bad isn't helpful. And I don't think it's a coincidence that the countries that allow invention to be rewarded in this manner are the ones that tend to do better.

    As for US currency vs. gold... what's so special about gold? It's just another method of allocating and accounting for allotments of a percentage of a total valuation. We have computers for that now. Attaching it to the rarity of an abritrary element instead of its value as judged by the world market seems stupid, to me. If gold is sufficiently useful/shiny, pay money for it, but don't link its price to currencies.

    --
    E pluribus unum
  50. Re:Sillyness by mOdQuArK! · · Score: 4, Insightful
    Then think up a new term than "intellectual property," but the concept is solid.

    No it's not. It's just a way of forcing people to pay more for a service/product than they are willing to pay in a free market.

    Anything that requires substantial investment to develop and has value to people should have a system whereby that investment can be recouped.

    A lot of the crap being passed as "intellectual property" nowadays didn't require much of an investment - however, even if something DOES require a substantial investment to develop, the value of that "thing" is NOT set by the seller - it is set by what people are willing to pay to get it in a free market. If you can't get people to pay a certain amount to get something in a free market, then it isn't worth that amount.

    And I don't think it's a coincidence that the countries that allow invention to be rewarded in this manner are the ones that tend to do better.

    Really? You got some studies to back this up? All of the historical studies that I've read indicate that the U.S. became as economically successful as it is today by riding roughshod over European "intellectual property" concerns. China is getting rich & still growing during tough times by pretty much ignoring "intellectual property" laws (except for some lip service).

    It seems more like developed countries try to encumber competitor countries by getting to them to go along with "intellectual property" laws (either by bribing or threatening them). Developing countries which ignore those intellectual property laws often end up with economies which go like gangbusters (except for economy-destroying scenarios like massive corruption).

    So give me a few examples of countries that have benefited by passing laws which restrict the ability of their citizens to innovate (which is exactly what "intellectual property" laws do).

  51. Re:Stipulations? by alan_dershowitz · · Score: 2, Informative
    You really need to learn what the fuck you are talking about. Unless the photographer cosigns a document stating the photos were made as a work for hire, it's NOT A WORK FOR HIRE.

    Link