Nathan L. Walls ([info]base10) wrote,
@ 2005-06-08 18:19:00
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[Photo] Should I be flattered?

Politech has an item from the San Diego Union Tribune where, it seems Wal-Mart won't print digital images that, in the opinion of it's managers and employees are "too professional" to have been taken by the submitting photographer. Basically, it boils down to their fear of being sued for copyright violations.

Now, some of these photographers are going elsewhere, but it's funny Wal-Mart won't process images from products they sell if the resulting quality is decent.

So, what to do? There's no apparent violation of infringement. Is Wal-Mart checking the EXIF comments or IPTC data? Digital watermarks? Or is just that some photographers put © Their Name somewhere in the visible image. Why does this necessarily cause question? [1] Would they know any better if there was a Creative Commons license link instead? Who knows. But, I find it interesting to hear reports that Wal-Mart is giving people the third degree for submitting nice pictures through their service.

Now, if I send my photos through Wal-Mart, and they refuse to print them, should I be flattered, even if security escorts me from the premises? If they do print them, should I be insulted? Perhaps it's just better to avoid the monolith altogether. One of my co-workers pointed out Mpix.com as a no-hassle, quality printing service. Still, for a company trying to repair it's image, attacking customers as IP pirates isn't in the playbook under "smart."




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[info]bumperfish
2005-06-10 05:31 pm UTC (link)
i am SO taking my crap to Walmart! hahahahahahaha!

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[info]base10
2005-06-10 10:08 pm UTC (link)
If Wal-Mart complains about pictures of Jake, we're all screwed.

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[info]jeni
2005-06-16 04:11 am UTC (link)
It's a weird issue [obDisclaimer: former Wal-Mart photo lab monkey]. Basically, Wal-Mart's not allowed to reproduce professional photographs because they'd had previous problems with being threatened with lawsuits (that is, folks would bring in proofs, scan them, and stiff the photographer). Any photograph that had a professional mark on it couldn't be produced without a photographer release. Occasionally, images come through that look to be professional but don't have a mark. In that case, they're supposed to ask who the photographer was, and if they had a release. If they were the photographer or had a release, then they were allowed to reproduce the image.

Official policy is that pro images can be reproduced with a release; high-res digitals don't need a release. If a pro image is reproduced and the customer doesn't have a release, the image is either held until they can return with a release or the reproduction is destroyed. At no time is the customer to be charged unless they can legally purchase the pictures. It goes almost without saying that negatives and digital cards are considered originals and therefore not restricted like reproductions.

That, of course, is what the employees are supposed to do. Unless you get lucky and happen across one of those mythical Wal-Marts where the lab monkeys actually know what they're doing (*cough*Brier Creek*cough*), it's kind of hit or miss. Mostly miss. Lots of miss. The best defense for that is being aware of policy.

And, er... hi. I'm not a complete random freak. I know [info]ambermae and [info]gorski through [info]joyce.

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[info]base10
2005-06-17 04:28 am UTC (link)
Interesting, thanks for the perspective. I read the situation as the photographer presenting the image, even with a mark, was being treated as a pirate when there was no evidence to the contrary, which is horrible business.

I figure it thusly... If you show up at Wal-Mart and you've got a proof book from a studio and are trying to rock the Kodak reproduction station like Tommy at pinball, then yes, they're probably right to ask some questions. But, submitting a small batch digital prints via the online store seems like something else entirely. Somehow, the image was acquired and submitted. Make it the user's responsibility at that point. Maybe it's because they're so large, but I don't hear of other retailers playing the Nanny role as much as Wal-Mart does between this, their CD sales policy, etc. But I tend to solve the problem by not doing business with them. Easy enough.

Maybe knowing you need to go in with the release is the thing. But, then, if someone's bound and determined to pirate images, why not a "release form" as well?

I think the article addresses what photographers for life events (weddings, parties, whatever) need to reasonably do -- charge for their time (prep, post-production, oh, and the time on site) and not plan on making (much) $$$ in delivering photo packages.

And hey, I've met [info]joyce once or twice. Usually involving alcohol and grilled meats at [info]ambermae's. Good times, good times.

Finally, don't take this the wrong way, but knowing which Wal-Mart has a good printer running the one hour machine is a bit like knowing the good barista at Starbucks, isn't it?

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[info]cower2spb
2005-07-07 08:21 am UTC (link)
why here so many words...
i'm to lazy to read them..
Someone tell me... what's u talkin' 'bout...

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