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Legal Issues

by Mike Masnick

Wed, Sep 7th 2005 12:13pm





Wal-Mart Jumps Into The Copyright Question Concerning Photo Reprinting

from the orphan-works,-indeed dept

Earlier this year, there was a lot of talk following a few news stories about various photo processing locations that were refusing to make prints of photos that "looked too good" for fear that they could be violating copyright. It was a silly situation, where people couldn't get new prints made of their own photos if they happened to have actually taken a decent shot. Well, now, it appears that Wal-Mart is trying to do something about that (if ever so slightly). They're taking part in a discussion about how "orphan works" should be dealt with. These are works where the owner of the copyright is unknown or unreachable. Wal-Mart is saying that this could apply to certain photographs as well -- and if the law is changed, it could allow them to more easily print such photos without fear of breaking copyright law.

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  1.  
    identicon
    DGK12, Sep 7th, 2005 @ 1:25pm

    Mad Skillz

    It was bound to happen. Why in modern times a person mustn't think or be capable in any palpable manor.

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Eponymous Cowherd, Sep 7th, 2005 @ 1:52pm

    Ask for a release form

    The procedure is to ask for the manager and then ask for a release form, indicating that you release W*M from liability. Or use CostCo or one of the online services where they don't question your honesty.

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous, Sep 7th, 2005 @ 6:41pm

    Re: Ask for a release form

    The problem is that W*M's policy in regards to releases are that they do not protect them from a (c) holder's legal recourse. And it has happened when down-on-their-finances photographers have entrapped and successfully sued places like W*M for (c) reproduction. Just a thought.

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous of Course, Sep 8th, 2005 @ 12:12pm

    more of blaming the tool and not who wields it.

    Walmart and the photo copying centers are on the wrong track. The copyright liability should be on the person requesting the copy. You don't blame a copier machine for an illegal copy. These photocopy centers are much like a copier machine but with a (sometimes) better user interface. The person operating the machinery should carry no responsibilty for anything but a good quality copy.

     

    [ reply to this | link to this | view in thread ]


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