UK Shop Refuses To Make Prints Of Digital Photos Because They're 'Too Good' And Must Infringe
from the welcome-to-your-digital-economy-bill dept
Want to know what happens when you increase the liability of third parties for copyright infringement? Stories of shops refusing to print digital photos. We've seen it for a while in the US. Five years ago we had stories of photoshops in the US refusing to make prints on photos because of the assumption that they must infringe on someone's copyrights. Wal-Mart got caught up in the story a few years back when an employee made some clueless statements about copyright in refusing to make prints of certain images -- and there was a repeat story just a few months ago.It appears that a similar story is playing itself out across the pond in the UK, where the popular retailer Boots apparently refused to print one woman's photos because they were seen as "too good" for her to have taken, and therefore must be infringing on someone's copyrights (thanks to Dave Michels for sending this in). The woman even got a signed letter, and when that didn't work, came back with the (pregnant) woman who was in the photos to let the staff know that these photos were, indeed, legit and not covered by someone else's copyright. The store still said no.
And, of course, this sort of thing only becomes as bigger and bigger issue as amateur photographers improve. Of course, it's easy to put the blame on Boots or the employees here for being over-zealous (or, as Boots put it, "over-cautious"), but the real issue is what we've turned copyright law into these days, where people are taught to fear being involved in anything that might possibly infringe, as it may lead to lawsuits or a loss of an internet connection or whatever. As copyright laws get more ridiculous, we're teaching people to not move forward if they don't know for sure -- and that can create a massive stifling of creativity and expression.
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Filed Under: copyright, photography, print
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wrong
What is authorized creativity? Glad you asked.
Authorized creativity is all things created by or licensed or patented or trademarked in the past, present or future, by a corporation, namely the MPAA or RIAA or any corporate publisher especially those in the United States of Corporate America (formerly, the USA).
Remember, if you are not a retained slave/artist you are probably creating illegally!
Get your ACTA together, Mike!
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This has happened to me..
What we really need are less laws.
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Get a grip
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Copyright is not a privilege intended for the individual
Copyright is an instrument of injustice. The best thing to do with it is to abolish it, and let it serve as a salutary lesson to future generations, as slavery and its abolition has served to ours.
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Infringement
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Re: Get a grip
This story hits close to home. I've taken quite a few pictures that people just don't believe I took. This one for example.
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Re: Get a grip
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Re: Copyright is not a privilege intended for the individual
-- A Computer Engineer
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Are these the same british photographers who we should solidarize with when they're being bullied by overzealous police or get punched in the face by people not liking a lens pointed at them?
Know your enemy ...
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oh my...
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Re: oh my...
"the store needs either a photographer's release or a signed statement that the person getting the images are their own work to protect themselves from copyright infringement"
is mirrored perfectly by:
"They were demanding a letter on headed paper to prove I was the photographer, but I explained to them that I was a student and did not have my own photography business."
To protect themselves, they needed to adopt a standard that this particular photographer could not meet.
"As amateur photography improves, print shops are going to be losing a lot of business if they try to adopt a tougher, impossible to satisfy, standard."
Indeed. Which is why the article you're commenting on questions the need to implement such a standard. The store is only doing what is required of them by law, or at least to avoid falling foul of it.
"This is intended to ensure photographers get paid for their work, not some bureaucratic conspiracy to squelch creativity."
Bullshit. An photography student was prevented from sharing her work. How does this *not* squelch creativity?
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Re:
Why in the hell should the photo printers be liable for what their clients do? Would someone explain that to me.
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Same problem
This raises another question, though. Who judges "too good?" In my case the pictures in question were definitely not what I would consider professional quality; at best they were somewhat better than the blue-haired lady in front of me was picking up.
Perhaps the secret is to stick in some blurry pictures or put my thumb over the lens in a few of them.
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Make everyone sign a release
The US protects any creative work the moment it is created. It does not judge what is pro and what is not. The print shop is reproducing this creative work and it should protect itself with a release.
I know this is a UK story, but it seams from reading the article there are similar liabilities there too.
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Reminds me of College
Maybe this hullabaloo says more about us as people, and how we view excellence, than it does the law.
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Isn't it the shops perogotive to turn away business
It's the business owner's right to turn away any business they want
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Should have gone to Jessops
Try using Jessops in the future. They have much better printers and make a living selling camera equipment. They also have people who would understand your explanation of lens choice, lighting etc. and therefore recognise you as a photographer.
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Human beings are deciding the photos are too good...
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Re: Re: Copyright is not a privilege intended for the individual
We've had copyright for such a long time that its proponents' use of 'right' as a contraction of 'legally granted right' has conflated and corrupted the original 18th century meaning of right as a natural right.
The following excerpt from Wikipedia's page on Thomas Paine's Rights of Man seems to put the difference between 'right' and right most succinctly:
Thus: The Statute of Anne, by annulling the (natural) right to copy (that is inherently in all the inhabitants), in the majority, leaves that right, by exclusion, in the hands of a few (copyright holders). The privilege of copyright is consequently an instrument of injustice.
See also: http://www.cathygellis.com/soi/2010/04/blawg-review-258.html
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Re: Should have gone to Jessops
My experience of their shops is they generally read the back of the box to me as a way of informing me of the quality of the product.
Though they are also generally happy to give me a discount if I argue long enough so I guess I can't really complain.
This was a cock up by Boots for sure. The photographer did everything she could just back up her claim that the photos were legitimately hers and the fact Boots still refused is ridiculous. Copyright has got everyone running scared as the legal industry sinks its claws into every single facet of our lives.
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Re: Isn't it the shops perogotive to turn away business
Given copyright is inherently an instrument of injustice, to discriminate against people requiring your services on the basis of such an injustice is therefore unfair discrimination.
It may well be best to simply say "We can no longer provide copying services due to the costs of establishing the identity of, and permission by, the current copyright holders/assigns".
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Re: Isn't it the shops perogotive to turn away business
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Re:
In other words printers need to hire good psychics. Great, lets see how well that works out.
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Re: Human beings are deciding the photos are too good...
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photoshops is two words, please
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Re: Make everyone sign a release
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Re: Isn't it the shops perogotive to turn away business
That's not the point. The point is that Copy privilege laws are intimidating people not to do business with photographers for no good reason and the effect is that it only hinders innovation and detrimentally interferes with everyone's lives for no good reason other than to serve selfish people who lobby for ridiculous copyprivilege laws.
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Re: Isn't it the shops perogotive to turn away business
Indeed. But nobody's disputing that. What's being questioned is the justness of the fact that the store management felt that they had no choice other than to turn away business, lest they face legal action from a 3rd party.
See the difference?
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School
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Re: Should have gone to Jessops
/end sarcasm
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For digital photos a way to prove its yours.
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The destructive power of CYA
The unjustified environment is fear is the problem.
Once again, someone else's interests are used as an excuse to trample my rights (me personally and not just in a theoretical abstract).
Photographers interests in getting paid simply aren't worth it, period.
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Re: oh my...
Serious question:
Why?
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Think of the shopkeepers!
They want to take your money. They want to profit from you. These laws are harming them as well. These laws are causing their employees to cluelessly turn away business. Since many of these stores sell other stuff, there is probably also "collateral damage" involved.
Shopkeepers are being messed with here just as much as individual shutterbugs. They're just at the top of the hill and the customer and employee are at the bottom.
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Re: Re: Should have gone to Jessops
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Re: Re: Get a grip
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Re: Copyright is not a privilege intended for the individual
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Re: Re: Copyright is not a privilege intended for the individual
Because a very small group of people lobbied for these privileges.
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Re: oh my...
These include only reported incidents. Who knows how many unreported incidents there are. and the fact that the mainstream media ignores these very important issues either means that they're not news (ie: they happen all the time) or there is an intentional coverup going on (ie: they happen more often than we think but big media favors copy privilege laws). Heck, even commenters here seem to have faced problems with photograph releases.
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Re: Re: oh my...
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Re: Re: Re: oh my...
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Re: Re: Copyright is not a privilege intended for the individual
As you astutely observe, Copyright does exist for a reason - that it is particularly lucrative to the publishing industries and the state's requirement that all publishing be constrained. The industry and state still conspire today (ACTA) just as they did in the 18th century (see http://questioncopyright.org/promise) prior to the enactment of the Statute of Anne.
If you took any of my intellectual works (or made copies thereof) from my computer without my authorisation, whether to sell or not, I'd have no hesitation in seeking your prosecution for the violation of my natural exclusive right, and all remedies regarding your theft of my work.
It's important to distinguish between the government's protection of an individual's natural right, and its unethical granting of privileges such as copyright (that derogate from individuals' rights) for the commercial benefit of corporations.
* It's always good to start a comment with an ad hominem - it really sets the standard. Nevertheless, this one is at least an accurate allegation, if a tad pejorative.
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Re: Re: Get a grip
http://www.pdnpulse.com/2010/02/is-this-stock-photo-infringingor-fair-use-.html
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"Too Good"
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Re: This has happened to me..
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Re: Re: Copyright is not a privilege intended for the individual
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stifling?
When I started having problems with the local shop I had been taking my images to for prints, I went out and bought a printer. Now I can print any image from any source that I want. I have complete creative freedom.
The real story here is not a stifling of creative freedom, or freedom of speech, but one of a culture of fear created by the gross misinformation being presented by the various govt and corporate propaganda campaigns.
Copyright issues have become extremely complex. Legal liability issues surrounding copyright has become even more complex.
Without the legal and financial resources to establish, then defend, a policy that can work through those complexities, businesses will almost always enact a policy that is simple and effective for what they perceive as their majority customer base.
Free markets are wonderful things, though. If you run into a company that has a brain-dead policy such as the one in this article, walk across the street and spend your money at one that doesn't.
If you can't find one locally, there are online alternatives. And ulitmately, you can put your resources into acquiring the means to achieve your creative goals without any outside interference or relying on the whims of others.
Scott
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Might even force folks to print their own pictures. Something we just must not accept.
Until we just realize we are under the iron grip of a corporate world gone insane, people will continue to act with free will and thought. Just work and pay. That's all we SHOULD do.
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Re: For digital photos a way to prove its yours.
Right, because it's not like it's possible to alter the Exif data...
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Re: stifling?
What's the largest size print you can make, and how does the cost for ink cartridges/toner compare to the cost of having them printed at a shop?
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Re: photoshops is two words, please
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Re: Re: For digital photos a way to prove its yours.
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Refusal to print photos
I appreciate the heads-up this story gives, raising awareness of what photographers encounter wherever we are, prepares us all.
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Re: wrong
"Unauthorized creativity". I like that one.
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Re: This has happened to me..
Huh? If they require releases, then why didn't they get one when you dropped the photos off to be printed in the first place? I believe I would have asked them that question. I mean, it's not like copyright law only applies to "good" photos (although some shops seem to be trying to pretend so).
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Re: Re: Re: For digital photos a way to prove its yours.
No, you still haven't legally proved anything and the store is under no legal obligation to prove otherwise either.
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Solution?
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Re: School
>too good" I obviously had not created it and must of
>stolen it.. I know how she feels.
That sounds like a libelous accusation.
Perhaps every picture order just needs to be picked up with a signed disclaimer.
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Re: Re: stifling?
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Re: This has happened to me..
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Walmart release
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Copywrong
Is this a fact? "LEGAL" is the word. Surely they cannot be held responsible for the actions of their customers, ESPECIALLY after both the sitter and photographer have signed to say that the pics are legit. Does that not then put the onus on them and absolves Boots? Makes no sense to me.
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Re: Re: Re: Copyright is not a privilege intended for the individual
There are no "rights" in nature. There is nothing "natural" about "natural rights" as they are still enforced by governments and would not otherwise exist (evidenced many times over in places with little to no government infrastructure). The only law in nature is the "law of the jungle" which entails a complete absence of natural rights.
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I personally am a photographer, and can't stand when people say things like "you couldn't have taken that picture...it's too professional looking" or something along those lines.
What is it now? If we don't have some sort of license or professional career in photography, our skills can't possibly be above amateur?
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Re:
Point being, once - fine. But she brought proof. She brought signed letters. She had one of her subjects GO TO THE STORE WITH HER. That's just customer service stupidity.
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Re: Re: stifling?
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copyright
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copyright
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The original intention was not to make those who enjoy content in ever changing ways guilty of a crime. It was not conceived as a vehicle to enrich artists at the expense of users.
Copyright was initially supposed insure the interests of both the rights holder and society. Insuring that after a set period of time, copyrighted works would eventually fall into the public domain. The trade off being that during a set period of time certain rights would be reserved for the holder of the copyright.
In other words a two way street.
Obviously there are those who wish to twist the issue to one extreme or the other. Doesnt mean the rest of us have to buy into the us versus them bs.
Evolution yes. Respect yes. Institutions no. Artists yes.
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Here is a similar situation from walgreens - US just yesterday
Reason :- These pictures look like professional - due to copy right reason I need to prove them - its clicked by me.
Here comes the funny reasoning part:
I asked what prove you are looking for- duty manager says, when you click them, you need to come to the shop with camera and show them in the camera itself.
After giving him my background, reason of printing these pictures, having associated with so and so club including PSA (Photographic society of America) - blah blah blah... including pointing the printer, who already printed my other pictures earlier.
Then he showed me one of my picture in the screen (ia picture of a bird) - and ask me - " OK sir, can tell me where did you take this picture..."
Do I have to really tell the address of the bird and the location of the tree along with day and time.
Based on his way of proof - I asked, what if, I want to print a picture which has been clicked 6 month back - because definitely I will keep all my pictures in memory card for so long, He does not have any answer, just said sorry sir, we cannot print.
"How you identify that its professional pictures ..", he says just by guess
I asked if they have any pre-printed copy right T&C - I am happy to sign also - they said, we dont have any. by now, I am already surrounded by 3 other walgreens associates and few customer as well...
Me- already frustrated by now, asked him to write in a paper whatever he is saying to me - he says, he cannot.
My next question to him totally pissed him off - I charged him, saying what is the guarantee that you would not print my pictures ( its already in their system) and sell them in your name...
He says - enough sir, here is the business card of the store manager, he will be here in the store, please talk to him. I asked what time he will be in the store tomorrow morning - answer is " around 8 , 9, sometimes around 10....."
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