Wal-Mart Eschews Good Taste — Assumes All Customers are Rubes

Published on June 7th, 2005

Pics too slick for Walmart dummies?

SignOnSanDiego.com > News > Technology — Snap judgments — This story just tells me that Wal-Mart does not expect its customers to have any skills whatsoever. And since when did they become the copyright police?

She uploaded the 8-by-10-inch photos to Walmart.com, which prints photos sent to the site at a nearby store for customers to pick up.

At the store, Helmick said a clerk told her, “We can’t release the pictures to you.”

“What’s wrong?” Helmick asked.

“We can’t release the pictures to you without a copyright release form signed by the photographer,” the clerk replied, according to Helmick.

The clerk said the photos looked like a professional had taken them, Helmick said. And no matter how much Helmick protested that she, an amateur, had snapped the shots of her son, she said the clerk wouldn’t budge.

story uncovered by I. Fish who adds:

Walmart (and others) are refusing to print photos because they MIGHT be copyrighted.

The way I see it is, Walmart is setting themselves for a lawsuit. If they do nothing, they can claim it’s not their duty to enforce third party copyrights. But once they start being the copyright police, they’re liable for those instances when they fail to take appropriate action.

If Walmart were smart, they’d print anything that comes to them and make customers sign a release/waiver of all copyright claims.

13 users responded in " Wal-Mart Eschews Good Taste — Assumes All Customers are Rubes "

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# 1 Anthony said, on June 7th, 2005 at 5:30 pm

Perhaps they were took by a pro… And the pro was the person picking them up.

How very stupid.

Who is more stupid? Wal-Mart, or the people that don’t just sign the copyright release?

# 2 Bryan said, on June 7th, 2005 at 7:36 pm

This is YAGRTNSAW.

Yet Another Good Reason To Not Shop At Walmart.

The fact that almost everything they sell is from china is close to the top, this is just one of those final straw things.

Apart from the “Walmart takes things too far” part, the copyright of images is an issue.

For a while I thought printing them at home was gonna be the big hit, but then the store down the street starting developing digital images better than anything I could print at home, for WAY less $$, and almost faster (they do it in 30 minutes).

I sure hope the “industry” doesn’t try to do some technical “fix” to this problem.

Taking it to an extreme, I can see federally mandated watermarking in consumer digital cameras. If you don’t have the right watermark, you can’t print it. Or, it might be something in the exif data.

# 3 Bailey said, on June 8th, 2005 at 5:13 am

Isn’t there an easy way to see if a picture was scanned? Just look at the picture’s properties. It should say whether it was snapped or scanned. If scanned, ok, Wal-Mart has a point. If its from a digital camera, the default rule should be assume the customer took the picture. Professional photographer’s wouldn’t give a customer the original file.

# 4 Mike Voice said, on June 8th, 2005 at 8:02 am

“Who is more stupid? Wal-Mart, or the people that don’t just sign the copyright release?”

And where are these “stupid” people supposed to obtain the copyright release?

Do you think Walmart keeps blank release forms at the counter?

After K-mart settled for $100k [per the article John linked to], do you think Kmart or Walmart are “stupid” enough to let people fill-out a form out at the counter?

# 5 Peter said, on June 8th, 2005 at 10:35 am

Looks like this is a similar battle to the one waged by MPAA and RIAA — technological breakthroughs causing the original business model to no longer work as well as it used to.

I applaud the photographers who no longer charge per print and instead charges for time — they change with the times instead of attempting to remain “in control” over something they no longer have control over.

But, this whole “copyright protection” thing will eventually go away, as people, finding the attempts to print photos at photoprinting places more and more cumbersome, decides to do it all themselves and kill off the photoprinting business once and for all.

Strangely enough, this may actually raise more awareness of how ridiculously powerful copyright laws has become to the general public than the whole music and film thing, since this is more likely to affect people than the other two.

# 6 Anthony said, on June 8th, 2005 at 10:52 am

It would be a bit ludicours to insist the copyright holder release the picture if the copyright holder couldn’t do such.

Oh just go to one of the 3 other stores in the plaza that develope film. I know it’s a extra 20 yards, but walking is good for you.

# 7 meetsy said, on June 8th, 2005 at 10:57 am

…all Walmart shoppers ARE RUBES…..

# 8 Pat said, on June 8th, 2005 at 5:27 pm

As of June 08, 8:00 PM, this is Walmart’s policy.

Photo Center Copyright Policy

Walmart.com will not assist in the copying of a photograph that is signed, stamped, or otherwise identified by any photographer or studio as copyrighted material, or any photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright, unless we are presented with a signed Copyright Release. Negatives or digital images of a copyrighted image will be retuned to you unprinted and you will be provided instructions on how to present Walmart.com with a signed Copyright Release.

The opinion that my photograph might be a professionally done piece is complimentary, but I really only want my picture printed.

# 9 Mike Voice said, on June 9th, 2005 at 7:25 am

“The opinion that my photograph might be a professionally done piece is complimentary, but I really only want my picture printed”

Exactly.

I have taken several exceptional pictures over the years, that I am quite proud of [and which are a few grains of sand on the beach of non-exceptional and crappy ones I have taken]. And it is those few exceptional photos that I am likely to want prints and/or enlargements of.

What a catch-22!

What a pain in the butt that their policy uses such a subjective standard as any photograph that appears to have been taken by a professional photographer or studio.

# 10 Teyecoon said, on June 9th, 2005 at 6:23 pm

What’s even more ridiculous is the fact that it would be pathetically easy to fake a copyright release form. (unless of course these forms come with a DNA blood stamp.)

# 11 Diana Fritch said, on June 25th, 2005 at 8:41 am

I couldn’t pick up my prints yesterday at WalMart until I signed the
copyright release form. I’ve been taking photos and slides of my own paintings (I’m a prof. artist) for 20 years and never had this happen.
I talked to the manager. He said the form was to protect WalMart
(not me). I had to show him my driver’s license and fill out the form
before they would give me my prints. The Mgr. said all photo outlets
would be doing this…that it’s now the law. I find this hard to believe.
Yet another good reason not to shop at WalMart.

# 12 Al said, on October 18th, 2005 at 9:09 pm

I have often wondered why anyone shops at Wal-Mart anyway. I have been in Wal-Mart only once. It was a horrible place… junk everywhere, pallets of bulk products blocking the isles, loud constant chatter over the PA system (I recall hearing them repeatedly say “HBA you have returns at the service desk.”), dirty everything, intense fluorescent lighting and clothes I can’t believe anyone would wear. In three words: loud, dirty chaos. It made me want to get the product I came for and get the heck out of there ASAP.

Who are these people who shop there? I know there are many of them, the parking lot is always full (of pickup trucks and old Ford vans mostly). But, I suppose if you need to buy a 30/06 rifle at 3 AM it is the only choice, eh?

And, more to the point, why would anyone take photos there to be developed? You surely can’t expect them to come out well. How much training do you think that photo person had?

# 13 Abby said, on December 13th, 2005 at 9:02 am

Well i had to get an ultrasound tech to sign a paper so i could make copies of my babies ultrasound pics for family. I also wanted to get one of the pics put on walmarts photo cakes and the bakery told me the same thing there photo center did.

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