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View Full Version : Lesson learned at the WalMart Photocenter


StaceyMc
05-26-2006, 08:00 AM
A few days ago, Joe mentioned to his mom that we'd like to have a wedding picture from his mother and father's wedding to use as decoration at the reception. Yesterday, she found one and we took it to WalMart to make a copy of it...I didn't want to be responsible for the original.

Long story short, we were not permitted to make a copy of the 40 something year old picture, because it was professional and copyrighted. We needed a signature from the photographer (who is now deceased) or from his family on a release form. After some fussing by Joe (asking the employee how he's supposed to get a signature from the grave), the guy explained that the copyright is for the photographers life + 75 years. We may be able to get around it, since we're pretty sure that Joe's uncle took the pictures - Joe's dad can sign the release.

The lesson learned was, I'm going to draft a release form for our wedding photographer to sign, since they will be giving us the negatives and CD's after they develop the proofs.

Second lesson learned, don't put the picture on the counter - they never check anyways.

Before anyone comments on the copyright issue - if it was a recent photo, we'd just go to the photographer and get a copy. We're going to be in the same position with my parents wedding photo - I'm sure they'd never find their photographer from 34 years ago.

LaceyinPgh
05-26-2006, 08:14 AM
Just one more reason why WalMart sucks. Take it to Target, they never check there.

shawnsgirl
05-26-2006, 08:58 AM
well, what a mess! thanks for the heads up! we had planned the same idea plus do a slid show..We're having a special dance for our parents. Anyone know that country song "remember when" Well we're dedicating it to out parents and having the slide show in the back ground of their wedding days and shawn and I growing up. I'll keep everything in mind when we start getting everything copied onto cd.

Kacie_bride
05-26-2006, 09:12 AM
I always just take it to the photo copier you can do on your own. It's not like they come over there and check it. I think it's stupid. There are photos of me that were taken 20 years ago and I, nor my parents, would have any idea how to find that photographer. We don't even know where they were taken at.

StaceyMc
05-26-2006, 01:07 PM
The stupid thing is, we were using the one that you make copies on yourself. Joe set the picture on the counter to pay for it before I could grab it off of him. They never check, I just tell them how many copies I made. I did it with my sister's wedding pictures - their photographer has disappeared, only leaving them with a proof book.

We'll go to Target instead :)

CindySue
05-26-2006, 03:05 PM
This is where your own scanner would come into good use! ;)

WebLady
05-27-2006, 12:34 AM
Well as a photographer I have mixed feelings about this kind of thing. But I do know that Walmart has been sued by the PPA (Professional Photographers Association) for this very type of thing, so that is probably why they are touchy about it.

As for the photo being so old, well that makes it a difficult issue ... but things are done differently with photographers these days. So yes, if you are getting your negatives from your photographer you should ask for a 'personal use' copyright release (this will allow you to copy and reprint images for personal use, but you would not be able to publish the images and the photographer retains display and author credit rights). Most photographers will likely not give you a full copyright release.

For the rest of you, be sure to check the contracts and/or ask your photographer about how they handle copyright. Some will retain it for a lifetime and some will for only 50 yrs or so. You should make sure that there is a clear explanation of copyright in your photographer's contract.

Many people these days will scan images at home (this is one of the reasons professional photography is so expensive) and though it is still considered copyright infringement, it is harder to catch and in a case with an old picture might be a better solution.

Aside from that, Walmart sux IMHO, I shop at Target ;)

rainbowtreat
05-27-2006, 10:24 AM
Part of my package from my photographer is tha tI get rights to all copies. It is in the contract. I get all the negatives on a cd. THis was one major thing I wanted as photos are so expansive. This way I can do the on line ordering from wal mart. And I can get any size I want.

CindySue
05-27-2006, 10:51 AM
I can understand where Brandi is coming from.
While I have NEVER copied a copyrighted photo, I have done a lot of my own copies from our camera and other non-professional pics. Scanning them DID NOT produce as good of pic as the ones downloaded straight from the camera to the computer.
I have not had professional pics made in forever. With 4 kids and tons of family wanting copies, I just could not afford it.

Kacie_bride
05-27-2006, 01:42 PM
I get the digital negatives for my pictures of the wedding as well. I don't have to worry about all the copyright issues.

As for Target. I agree..I love Target. However, I am a Wal-Mart shopper because the closest Target from me is 45 minutes away.

WebLady
05-28-2006, 03:38 PM
I get the digital negatives for my pictures of the wedding as well. I don't have to worry about all the copyright issues
FYI - ownership of negatives (digital or otherwise) doesn't transfer copyright. Though in some cases, if you have the negs, ppl won't ask, but I would rather be safe than sorry. So I were you, I would still get a copyright release that allows you to make copies without further consent from the photographer.

rainbowtreat
05-28-2006, 07:14 PM
These were the options I had from my photographer. ( I am not paying for them or I wouldnt not be able to have this done. This is bigger then my whole wedding budget. )

I highlighted in red about the part of me being able to make copies, is this what you talking about Weblady ? Something like this?

I am getting option #3 I so can't wait. Her pohots are awsome. I just know we are going to have some great ones.




Option 1: $1995.00

*up to 6 hours of coverage (one hour before ceremony through reception formalities-actual coverage time to be determined by photographer but no less than 5 hours)

*minimum of 400 images

*one 4x6 print of all images

*all images on a cd in high resolution with reproduction rights granted

*all images uploaded to a password protected website (you choose the password) with in 7-14 days of the wedding for family and friends to view and/or order at photo lab reprint prices to save you from "taking orders" later

*travel of up to 50 miles from the studio location at no charge

Option 2: $2495.00

*all of option 1

*10 page/20 sheet Renaissance Album in the style and color of your choice that will have the following prints:
**Eight 5x7 enlargements (your choice of images)
**Six 8x10 Enlargements (your choice of images)
**Forty of your 4x6 proofs (your choice of images)



Option 3: $2695.00

*all of option 1





*10 page Flush Mount album created with the images you choose. A coffee table styled album that expresses a unique story book view of your wedding day. No two albums are ever alike. Each one is individually designed to accommodate those images that most accurately capture the essence of your special day in a wide range of sizes, backgrounds, shapes etc.

StaceyMc
05-28-2006, 07:47 PM
Just as an FYI, the WalMart employee said to be on the safe side, get a written release from your photographer if they are releasing the negatives to you. I have friends who had the same problem there with their wedding pics and they had the negatives.

I would have never even tried to copy the pic there if it wasn't for the age of it. I would have attempted to get the original photographers permission first. I may have to toss that idea out the window now, since I won't have a chance of finding my parents photographer either (They've been married 34 years) I just don't want to be responsible for their sentimental originals.

rainbowtreat
05-28-2006, 09:29 PM
I figure If I have the contract then I am good. Besides what I do is upload the pictures from the cd onto my computer and then I order on line in the sizes i want etc. I do this with my digital all the time. When I want the prints i just order them on line and with in an hour i can go to wal mart and pick them up.

Kacie_bride
05-28-2006, 10:01 PM
FYI - ownership of negatives (digital or otherwise) doesn't transfer copyright. Though in some cases, if you have the negs, ppl won't ask, but I would rather be safe than sorry. So I were you, I would still get a copyright release that allows you to make copies without further consent from the photographer.

My photographer is a family friend and only lives 10 minutes away from us so it is not that big of a deal.

usahgrad
05-29-2006, 09:09 AM
When I got mine, they are all on a cd and the photographer printed the release right on the cd. The only thing I'm worried about is taking the cd in and never getting it back. I've never printed digital pictures before, so I'm not quite sure how it works. But I did like that the photographer put it right on the cd, so then I don't have to worry about loosing the little piece of paper. :)

WhiskeyGirl
05-29-2006, 12:26 PM
When I got mine, they are all on a cd and the photographer printed the release right on the cd. The only thing I'm worried about is taking the cd in and never getting it back. I've never printed digital pictures before, so I'm not quite sure how it works. But I did like that the photographer put it right on the cd, so then I don't have to worry about loosing the little piece of paper. :)

I know at Costco, you put your cd in, pick which pics you want and then it goes to their computer and prints them. The cd never leaves your possession except for when its in the machine! However I believe at places like Walmart they take your cd and give it back to you after with the pictures. Can you make a back up of the cd??

rainbowtreat
05-29-2006, 12:56 PM
Can you order on line like i do with my digital camera. All I do is go to the wal mart web site and got o their photo section. I put in the pictures I want copies of and what size i want. I can choose an hour or next day pick up. That way the dick never leaves you home. I do this with older photos I have had on my pc for years and I want the actualy photo. Good luck.

StaceyMc
05-30-2006, 08:01 AM
When I do pics from CD at WalMart, they don't take the CD. You put it in the machine and pick what you want and you keep the CD. It's the same as using your digital camera card - they don't take that either.

WebLady
05-30-2006, 09:10 PM
all images on a cd in high resolution with reproduction rights granted

Yes, something like that ... just make sure you get it in writing with the photographer/company signature on it.