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