Re: Photo copyright issues

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Don Jensen (dnjkenosha@wi.rr.com)
Fri, 11 Jul 2008 17:24:41 -0500



Message-ID: <004101c8e3a4$ea2e8c80$0301a8c0@Jensen>
From: "Don Jensen" <dnjkenosha@wi.rr.com>
Subject: Re: Photo copyright issues
Date: Fri, 11 Jul 2008 17:24:41 -0500

Indeed, it was unfair to refer distainfully to all Wal-Mart photo kiosk clerks. But my experience has been distinctly unpleasant. I often encountered clerks too busy with friends or co-workers, too distracted, too bored to attend to customers, barely willing to take my money, much less smile, engage me in minimal conversation or offer any service at all. But, yes, my experience, while too common, in my view, is not universal.

However, I AM distainful of Wal-Mart's policy, which, is one-size-fits-all. The company, with a legitimate though fairly remote concern about being sued for copyright infringement, might have chosen a calibrated response. It is no more difficult to instruct a clerk in how to distinguish what is clearly a recent studio portrait from a casual vintage snapshot or a 19th Century photographer's print, than it is to instruct them how to operate a semi-automatic print machine. But Wal-Mart chooses to adopt a policy that causes all sorts of problems for legitimate customers. It can legitimately protect itself without its present policy. But then, Wal-Mart shows in so many ways that it distains its customers.

More importantly, the quality of prints on the "dummy-proof" self-service machines falls well below what a competent photographer can do. One gets what one pays for. We could store archives in empty cardboard boxes from Sam's Clubs which are free, or in acid-free archival boxes. Some so-called "economies" are not worth the "cost," or so I believe.

And, bottom line, a point that hasn't been made so far, is that none of this copyright concern is even necessary if one is simply making photographic copies for an exhibit in a not-for-profit museum. It is called "fair use."

Don Jensen

From: vcmuseum
  To: localhistory@listserve.uwec.edu
  Sent: Friday, July 11, 2008 12:11 PM
  Subject: RE: Photo copyright issues

  Don,

  I am not a real big fan of Walmart but I know of good photo lab technicians there. Suggesting everyone is a flunkie is very unfair.

  Carol

   

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  From: localhistory-request@listserve.uwec.edu
[mailto:localhistory-request@listserve.uwec.edu] On Behalf Of Don Jensen
  Sent: Wednesday, July 09, 2008 4:08 PM
  To: localhistory@listserve.uwec.edu
  Subject: Re: Photo copyright issues

   

  As a professional writer, I am a strong supporter of protection of individual, intellectual property rights and copyright protection. But places like Walgreens and Wal-mart go totally overboard with their restrictions. Professional photographers deserve the protection the copyright laws and court decisions give them. But any fool, which includes photo "technicians" at places like Walgreens and Wal-Mart, ought to be able to distinguish between a studio print that someone is trying to copy on the cheap AND your museum's "Brownie" snapshot from 1932, or, for that matter, a 19th Century studio print long since in the public domain.

   

  First, I think most museums should prefer to deal with a real photographer than with some 17-year-old kid running an automatic machine at Wal-Mart. First, you will get better prints and, second, if you bring all your work to a photographer, he gets to know you and you get to know him. A special rate may be negotiated.

   

  But if you have to deal with a Wal-Mart, I would suggest creating and printing copies of a

  letter, on museum letterhead, if possible and signed by your president or archivist (with their title noted below the signature). It could say something like: "I hereby certify that the photographic image to be copied is the legally obtained property of the XXXX Historical Museum. I further certify that the original image is either in the public domain or that this institution owns the copyright and/or possesses the legal authority to have this image reproduced photographically or digitally scanned."

   

  It doesn't really mean anything, but it is impressive and if you give a duly signed copy to a Wal-Mart photo flunkie I pretty much guarantee they will copy your photo without a hassle.

   

  --Don Jensen

  Member, BoD, Kenosha History Center

    ----- Original Message -----

    From: Bonnie Van De Hey

    To: localhistory@listserve.uwec.edu

    Sent: Wednesday, July 09, 2008 3:03 PM

    Subject: Photo copyright issues

     

    How does your society handle copyright issues with your photo collection? Each time we try to have copies of photos from our collection made for exhibits we have problems with the photo places
(such as Walgreens and Wal-Mart) wanting to have a copyright release from the original photographer who, of course, no longer exists.

     

    Bonnie Van De Hey

    Wrightstown Historical Society

     



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