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Thread started 10 Jul 2008 (Thursday) 11:35
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small copyright problem

 
SnapsbyPoteat
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Jul 10, 2008 11:35 |  #1

Recently I took some baby shots for a friend, as I was playing around with all the editing tools I learned how to write a signature on the bottom of the picture and add it to all of them. I don't have anything copyrighted yet and the problem is that when my friends went to print the pictures at walmart, they won't give them to her because of my signature on the bottom and said they need a copyright release .
so any advice on how to go around this since I don't have a copyright?


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FlyingPhotog
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Jul 10, 2008 11:38 |  #2

Actually, you DO have the copyright. You shot the photos, you hold the copyright.

You need to have THEM sign a release (or redo the shots without your sig...)


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SnapsbyPoteat
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Jul 10, 2008 11:39 |  #3

what can I take to prove to them that they are my photos?


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FlyingPhotog
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Jul 10, 2008 11:45 |  #4

You draw up a release form that states you (the photographer) grant the holder (your friends) use rights for printing the images.

You sign
They sign

Put your phone number on it and tell your friends to have Walmart call you if there's another snag.


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basroil
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Jul 10, 2008 17:05 |  #5

I'm with FlyingPhotog on this. It's good that walmart and other large business are finally caring, but can be annoying to those who never had the problem before.


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DigitalSpecialist
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Jul 10, 2008 17:17 |  #6

Sounds simple enough, just glad someone is watching over our shoulders.


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aram535
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Jul 10, 2008 17:33 |  #7

breathless_moments wrote in post #5886114 (external link)
Recently I took some baby shots for a friend, as I was playing around with all the editing tools I learned how to write a signature on the bottom of the picture and add it to all of them. I don't have anything copyrighted yet and the problem is that when my friends went to print the pictures at walmart, they won't give them to her because of my signature on the bottom and said they need a copyright release .
so any advice on how to go around this since I don't have a copyright?

-- never mind Iooks like everyone else said everything I said already --

You can release the photo with a copyright holder release. This used to happen to me when I would go to costco to pick up my own prints. I would end up in arguments with them wanting me to sign a release for my own work. Well they know me now and don't call the police anymore.

But its a copyright holders release, what you're looking for, all you have to do is write a little thing that says the person is allowed to print out the pictures, put it in a letterhead format and sign it.


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bettysonics
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Jul 10, 2008 18:54 |  #8

Hi, in addition to what everyone else said, I wanted to add that Walmart has their own little copyright release form you can print out and sign with your friend- then she'll have no problem printing them out.

find it here: http://i.walmartimages​.com …yrightForm_Thir​dParty.pdf (external link)

walmart's copyright policy page : http://photos.walmart.​com …o+Center+Copyri​ght+Policy (external link)


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northlander
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Jul 11, 2008 10:22 |  #9

I've had that experience at Walgreens when picking up photos, they seem to flag anything that looks professional even if its just 4x6 photos. They have you fill out a form stating they are in fact your own photos and keep it on file for future reference.


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amfoto1
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Jul 11, 2008 13:31 |  #10

Hi all,

In order to reduce confusion, personally I would think it better to refer to it as a image usage license in this case. You need to "license" your friends to make prints in small quantity for personal use.

A "release" is more often a term that's applied to models and property. This isn't something that is needed or relevant in this particular situation.

You actually don't need to prove anything. Just write up a usage agreement that permits them to make the reprints for personal use, and sign it. It can just be a letter that says something to this effect. They should keep it with the originals in case they ever wish to make more prints (whether they be from digital files you have provided or scans made from prints you provided).

Actually I'm really glad to hear that Walmart is restricting reprints in that way. That's just as it should be. All reputable printers used to do this, most probably still do. If there is a signature or a copyright notice, they shouldn't make prints without the owner of the copyright providing written permission.

If the printer infringes upon the copyright by ignoring the signature or copyright mark or embedded copyright information and going ahead and making reprints, they are opening themselves up to lawsuits. (A person making scans and prints at home is every bit as subject to lawsuits, by the way. Their pockets probably aren't as deep as Walmart's, though.)

If there is not signature or copyright notice on the front or back of the print or embedded in the digital file, they could probably successfully defend themselves with an "innocent infringement" argument.

That's no reason to leave off the signature or copyright notice in the future, though! Just the opposite, in fact!

Now, I'm not an attorney, nor did I stay at Holiday Inn last nite.


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Longwatcher
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Jul 11, 2008 16:57 as a reply to  @ amfoto1's post |  #11

With the disclaimer, I am not a lawyer seek one for better advice;

I do two things to make sure people can print stuff at walmart and other stores.

1. I write on the CD/DVD: "Permission to print for personal and non-commercial use granted"

2. I also enclose a "fair use Statement" as a word document file on the CD along with my copyright statement. Both the copyright statement and the fair use statement basically says specifically what the person holding the disc can do with the images. The copyright statement is more restrictive and goes on all of my discs, the fair use statement only goes on those discs that I am giving to someone to print.

So far, no one has told me they needed anything more then the scribble on the CD/DVD itself.

Just what I do.


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small copyright problem
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