Retail Photo Labs Continually Misinterpret Photo Copyright Laws

It seems that it is getting tougher to have prints and photos copied at labs such as Walmart and Walgreens especially at the locations in Ponca City, Oklahoma.

The workers I spoke to seem to have zero to little understanding of the Federal copyright laws that they claim to be following.

One worker even thinks a copyright never expires and another refuses to believe that the copyright can be passed down by the photographer.

Another worker refused to listen to the life plus 70 years line and basically said that Walgreens is following their rules and that anything on www.copyright.gov does not apply.

A search of the Internet shows that media has touched on this growing problem. One article, published in USA Today, describes the problem perfectly and the stories gathered by the reporter describe what many are facing.

I can't summarize the story because it is copyrighted.

As a person who once made a living as a photographer and still does some on the side, I totally understand the purpose of the copyright and I'm all for it, but common sense should prevail at times.

Other wise families looking to making copies of old photographs, who can't afford printers will have limited options if any.

It is funny to me that these labs will not copy photos that are close to 100 years old or better without written permission from a deceased photographer but they have no problem making copies of wedding pictures that I took and put on a disk for a family.

The family was able to copy the pics without written permission.

Another example of their ignnorance, one worker suggested that an independently owned lab can legally copy an old photo and that Walmart can't because they are a corporation.

Once again no understanding of the laws.

The following information is listed on www.copyright.gov

"The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics."

The site also list the following opinion on the fact that photo labs are overly cautious on making reproductions.

"Copy shops have been sued for reproducing copyrighted works and have been required to pay substantial damages for infringing copyrighted works. The policy established by a shop is a business decision and risk assessment that the business is entitled to make, because the business may face liability if they reproduce a work even if they did not know the work was copyrighted.

"In the case of photographs, it is sometimes difficult to determine who owns the copyright and there may be little or no information about the owner on individual copies. Ownership of a "copy" of a photograph - the tangible embodiment of the "work" - is distinct from the "work" itself - the intangible intellectual property.

"The owner of the "work" is generally the photographer or, in certain situations, the employer of the photographer. Even if a person hires a photographer to take pictures of a wedding, for example, the photographer will own the copyright in the photographs unless the copyright in the photographs is transferred, in writing and signed by the copyright owner, to another person. The subject of the photograph generally has nothing to do with the ownership of the copyright in the photograph. If the photographer is no longer living, the rights in the photograph are determined by the photographer's will or passed as personal property by the applicable laws of intestate succession.

"There may be situations in which the reproduction of a photograph may be a "fair use" under the copyright law. Information about fair use may be found at: www.copyright.gov/fls/fl102.html.

"However, even if a person determines a use to be a "fair use" under the factors of section 107 of the Copyright Act, a copy shop or other third party need not accept the person's assertion that the use is non infringing. Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the law."

The U.S. Copyright Office can be contacted at 202-707-3000.