The easiest thing for me to do (and I usually do) is use my pro lab
sending the images through the Labtricity system.  They know me there
and have all relevant information.  However, we needed something
really quick and cheap (wife's angle on that one) so went to the
nearby Walmart.

-- 
Best regards,
Bruce


Monday, October 6, 2008, 6:41:45 PM, you wrote:

JS> From: "David J Brooks" <[EMAIL PROTECTED]>

>> Lovely smile and eyes. Would they be concerned that the files were
>> being ripped off maybe,.?? Dave 

JS> On Mon, Oct 6, 2008 at 4:47 PM, Bruce Dayton <[EMAIL PROTECTED]>
JS> wrote:
>>>>> From a recent set of portraits I took of my daughter, my wife
>>>>> wanted
>>>> some small, cheap prints done.  This is a job for Walmart.  So I
>>>> went in and put the digital order in.  When my wife went to pick
>>>> them up, they wouldn't release them because they looked 'too
>>>> professional'. In a way, it was pleasing to hear that the
>>>> operators there thought the shot was good.

JS> Nah. They don't care if the photographer gets ripped off, only whether
JS> they might get sued for it. It's the D.M.C. thing.

JS> The way the law was written, if someone uses a photo-lab using "digital"
JS> reproduction (i.e. any mini-lab using equipment made in the last decade)
JS> to print "copyrighted" photos, *THE LAB*, as equipment owner, is liable
JS> for the copyright violation, not the customer printing the photos.

JS> It was intended to allow the record companies to go after whoever owned
JS> the factory where bootleg/pirate CDs were manufactured ... but it 
JS> doesn't specifically EXCLUDE digital-hybrid mini-labs, so it ends up 
JS> being applied to photo reproduction at Walmart (and others).

JS> A successful law suit by a photographer could result in $500,000.00 
JS> liability PER INCIDENT, where each individual print (or individual 
JS> pirate CD) is considered one incident. The chances of that kind of 
JS> lawsuit are infinitesimally small, but the corporate lawyers get paid 
JS> big bucks to find these little things to worry over.

JS> So, most corporate mini-lab owners, including my own employer, have a 
JS> written "policy" prohibiting reproduction of copyrighted material 
JS> without the copyright holder's permission.

JS> Enforcement of said company policies are hit and miss ... mostly miss,
JS> because as I said, the corporation doesn't really care if the 
JS> photographer gets ripped off, they just don't want it to cost them money.

JS> IF a lab employee does tell a customer the lab can't print something 
JS> because it's copyrighted; and the customer gets upset and complains, the
JS> lab employee is going to get reprimanded (B.T.D.T.,G.T.T.S.), possibly
JS> even fired for "upsetting the customer" ...

JS> ... not to mention expecting you to just stand there and take an ass 
JS> chewing in front of the customer (which I didn't just stand there and 
JS> take; which is why they threatened to fire me).

JS> BUT if the lab employee does NOT tell the customer the lab can't print
JS> the copyrighted material; and the photographer sues, the corporation 
JS> will fire the employee for failing to follow the "written policy", and
JS> use that to shift the burden of defending the lawsuit onto the FORMER 
JS> lab employee.

JS>  From Bruce's point of view - i.e. he wants his wife to be able to pick
JS> up the photos with no hassle - the easiest way to handle it is put the
JS> copyright notice in the image "C 2008 Dayton Photo" and have a 
JS> letterhead for "Dayton Photo". Write a copyright release on the 
JS> letterhead for your wife to take with her to Walmart when she picks up
JS> the photos.

JS> That's the key. Anyone may reproduce copyrighted works WITH THE 
JS> COPYRIGHT HOLDER'S PERMISSION.

JS> The biggest recurring hassle for me from all this, is where the wedding
JS> photographer gives the Bride & Groom a CD so they can print their own 
JS> wedding photos, but fails to give them a copyright release.

JS> You could even include it as an image on the CD.

JS> --
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JS> [email protected]
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