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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."

12 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. 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.

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    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 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.

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      I am not a crackpot.
    2. 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.

  3. 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.

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    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  4. I Know by sammykrupa · · Score: 5, Funny

    "Your Digital Photos Are Too Professional"

    Yes, I know. Thank you.

  5. 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.

  6. 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.

  7. 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...)

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

  8. 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.

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  9. 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. :)

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