Professional Photo Ownership

[froglady]

I was in a store's photo dept yesterday, and the man ahead of me wanted instructions on using the reproducer/enlarger; he wanted to enlarge a 4x6 (it appeared) to an 8X10. The clerk looked at the photo, and it was a typical professional yearbook type (girl with black drape, pearls) and when he turned it over, he read the photographers "logo." When he told the man that he couldn't enlarge a picture taken by a professional, the customer became very irate and stormed out.

I personally would not have tried to enlarge a professional's photo, as selling reprints and enlargements is a major source of income for the photographer, and he/she would be able to make a much better copy. But the man was arguing that he owned the photo, and should be able to do what he wished with it, as he was doing for himself, and wasn't going to sell the picture.

Obviously, had the man known how to use the machine, no one would have known about it. My question is, would the average person just go ahead and do it, or would most of you feel it was unethical?

 

[bicker]

I'm sure many unscrupulous people do convince themselves that because they bought a print that they have rights to copy it. It's unfortunate that there is such disrespect for the work of others in this country, that discussions like this even take place.

 

[Marseeya]

I think it's unethical.

 

[Tigger&Belle]

The least the guy could have done was to have figured out how to use the equipment with a picture that he did take and then come back with the other one. Expecting the person who works there to help him was way over the top, in my opinion.

I'll have to say, there are things that I'm not goody two shoes about, but the copying of materials we are. My DH used to work for a computer software company and knows how those companies are hurt by people who copy programs, so we never copy computer programs, music for the iPods, etc. AND we don't allow our kids to do it, which have made them mad on more than one occasion. We haven't ever copied pictures or had a discussion about it, but I can't imagine us doing so. It is possible to buy the rights to the pictures (at least from some places), so that is an option for people who want to make their own copies.

 

[tmt martins]

Thats why when we have done some work with the Pros we do it an understanding that the rights to the photos are ours and we are paying for the sitting and his time.

As long as this is worked out in advance I think it's not a problem but with todays technology it is easy to get all that hard work done, buy the smallest avail photo and just reproduce what you want.

I work on large Color Copiers and what I can get out of them is just truely amazing.I can run them at 80 prints per minute as well so it takes no time at all get them done either.

 

[Lynn CC]

I'm getting an oil painting done of DS's Graduation picture that he had taken in 2005. I got a signed release from the photography company for a small fee, so all is legal. It's really not that much money to make it legal and everyone is happy! So the clerk should have said to call the photographer and fax a release for the photo.

 

[Tracey1974]

You usually have to have a code to print them on the machines, maybe that is why he needed help. They are pretty self explanatory. I'm just waiting til my 7th anniversary so I can finally have the negatives from my wedding from the photographer and can use them as I wish and can legally make copies.

 

[lowie]

Obviously, had the man known how to use the machine, no one would have known about it. My question is, would the average person just go ahead and do it, or would most of you feel it was unethical?

most of the stores that have scanning for copies/enlargements also use a password to ensure that people aren't copying copywrited material. but with so many homes with their own scanners, it's like downloading music off the internet. too easy to get away with.

 

[grlpwrd]

It's unethical, but people still do it like lowie stated people have their own scanners at home.

Yes, make sure you get a signed release for photos because you may lose touch with the copyright owner or the person may die which could cause difficulty for you to print those out legally.

 

[UnderTheMistletoe]

On the machines in the stores, you can't do anything to professional pictures. I unknowingly tried to do so and the machine went off bells, sirens, and whistles. It was a picture of DH at Disney that I had assumed was taken by family/friends. I guess it wasn't becuase it was on the professionally backed paper and that's what the machine picked up.

I do very much wish we could do something with our wedding pictures besides order them through Disney. At $13 for one 4x6, I think it's a little bit much... especially considering the price the fetched for our photography package that I tried to back out of and was unable to becuase we were 6 hours into the 30 day window. Let's not forget the whole "Pay $1000 for the high-resolution disk and rights to your photos or $99 in 3 years." Please note these are all things no one covered with us in our meetings and yes, we did ask a lot of questions. It wasn't until the brides here said, "No! You don't own the rights or anything," that my eyebrows raised and I felt misinformed.

So, for besides our already too pricey wedding pictures that I like to make copies of no, I don't think they should copy anything that's copyrighted... same for music, literature, and otherwise.

 

[JoyG]

Here's a related question...do those copyrights ever expire? I have a professional photo of myself when I was a baby 34 years ago. I don't know what company took the photos and I don't have negatives. Will I never be able to get copies of the picture?

 

[Beth76]

I put this right up there with rolling through a stop sign or speeding. I know it's wrong but I still do it.

 

[powellrj]

Here's a related question...do those copyrights ever expire? I have a professional photo of myself when I was a baby 34 years ago. I don't know what company took the photos and I don't have negatives. Will I never be able to get copies of the picture?

I wondered this too. My DM tried to have pictures of her parents wedding copied and Wal Mart wouldn't do it because they were professional. Only problem is they were married in 1915 and the town they were married in no longer is there. There is no way to track down any of the parties because they all died many years ago.

 

[stacy347]

I've been a photo tech on and off for years and the general rule of thumb we've always been told is:

If the picture looks old enough that the original photographer is probably not alive anymore, then it is OK to copy it. Other than that, there must be a copyright release.

I can tell you that I would have had no problem whatsoever copying the 1915 picture that Wal-Mart refused to do...that was a bit over the top, IMO.

 

[Barb D]

Sears used to sell a disk with the proofs for $15, and you could do whatever you wanted with it. Last year the price had gone to $200 and it was no longer worth it to me.

They do make it very clear that the portraits are copyrighted and not to be duplicated.

 

[bicker]

do those copyrights ever expire?

75 years after the death of the photographer.

I put this right up there with rolling through a stop sign or speeding.

I disagree completely. You're not taking money away from someone who deserves it when you roll through a stop sign. You are taking money away from someone who deserves it when you violate a photographer's copyright.

 

[Viking]

I put this right up there with rolling through a stop sign or speeding. I know it's wrong but I still do it.

Bad analogy: At least copying of photos won't kill people

 

[bicker]

Neither will rolling through a stop sign. Speeding, though, I can see your point regarding.

 

[Pin Wizard]

Wouldn't it be nice of all these professional pictures were available online to purchase! I have a photo of my nephew that's a wallet size...generous sister to share. LOL! I'd really like a 5x7 or 8x10 for my office at work. I didn't realize it was copyrighted and took it somewhere for an enlargement. Of course, they wouldn't do it and told me to contact the photographer. Geez! I don't know who that is! Guess I would have to contact my nephew's "employer" for a release. Grrr.

 

[Bella the Ball 360]

First of all let me just say that the photographer that took my son's year book pictures is horrible. He has had the contract for at least 60 years (or should I say the studio has). The prices are outrageous and they are the only game in town. In this day of digital photos this company gouges the seniors. Keep in mind that there are over 500 kids in the senior class AND they have to at minimum pay 30.00 sitting fee just to get the photo taken and put in the year book. I live in an economically challenged city and the kids often work a couple of jobs to pay for whatever. The cheapest package is 129.00 and it contains 1 8x10 and 2 5x 7's ...NO WALLET size which is what the seniors want. For those you need to pay the minimum which is the 199. package.

I do not understand why this company is still used and they have a contract with the surrounding cities too. For some reason the schools cannot get out of the contract and have been trying for a long time to do so. They even do the prom pictures. They also ripped the kids off on the year book they charged them for color pictures but are using b/w because they said that a previous class did not pay for color and got it so my son's class needed to make up for it!!!!

So after all that long winded explanation my answer is YES I would try to copy the picture. Maybe two wrongs do not make a right but with the amount of business this stuido gets (and trust me it is a huge amount) and the amount they charge, given the quality they deserve what they get. I wonder if this person trying to copy the photo had the same experience!!

NO I did not copy my son's photo what I did do was take him to Wal Mart(against his will to some extent but in the same outfit) and get the 6.88 special.....one 10x13, two 8x10, 4 5x7, 2 3x5, 25 WALLETS!! Yes you read it correctly 6.88 for the whole package and no hidden costs. I could have splurged and got the grad package which was a whopping 79.00 and contained upteen poses, and tons and tons of photos but I had already taken the package from our city. OH and by the way, the photos from Wal Mart were far superior to the studio photos.
I am a believer of fighting fire with fire and I only wish the rest of the kids in our city would have done this. OH and I neglected to mention it takes months to get the photos back from our local photographer. The photographer at Wal Mart put a rush on ours....we had them in a WEEK!! So my son had the wallets to give to friends before the end of the year.

I only wish I was there I would have helped the man copy his photo....after all it is his photo and his kid's picture and if he had my experience then he is justified.