Copyright Thief

[AndreaT]

So, what do you do when you sell a client a print, it's a print that I had printed at a professional lab, and then the client takes that print to Walgreens and has them copy it and print it?

The client is a distant family member and told Walgreens that I was just a family member and I don't really have a business and that I just do it out of my house. Which is not true. Yes I work out of my home but I do have a full functioning business. I have a logo, web site, and forms that I give my clients permission to copy or print images if they want. Which they did not have any permission to go and make copies of any prints.

I called Walgreens and the manager said that he hopes to keep this between us and not make a big deal out of it. I just can't believe that a customer can take any image into a place like Walgreens and talk their way out of copyrights and have copies made of the pictures.

I told the client that they could have all the pictures from their session with the rights to them on a CD if they paid for it, which they didn't want to pay for the CD so I didn't give them any rights.

What should I do?

Thank you,

Andrea

[cheryl_bain]

Well, if it were me...I'd cut my losses with this customer...and then for any shoots after that, insist on the CD. I guess just cover your butt from now on. Since the damage so to speak is already done...no point in dwelling upon it. Not sure if it helps or not.

[OsmosisStudios]

Your client (a FAMILY MEMBER) should be made aware of what is allowed and not. That being said, a general rule is not to do business with family or friends.

When you get your images printed, some labs allow you to set a message for the rear of the print. You could do that, or get a sticker that says "COPYRIGHT YOURNAME PHOTOGRAPHY - DO NOT DUPLICATE". That should raise flags.

Failing that, you can sue Walgreens. Most labs will make customers sign a release form when they suspect there is a copyright issue. If that's the case, your only option is to sue the client. If they didnt sign a release, you can actually sue both (though I believe Walgreens is likely to have deeper pockets). Often, as a result of these, that location would lose it's permissions to print.

[ressalg]

Originally Posted by AndreaT

I called Walgreens and the manager said that he hopes to keep this between us and not make a big deal out of it.

Sounds like the Walgreens manager knows you could cause alot of problems for them. Or, in other words, that what they did was wrong and if you wanted to, you could sue them. Personally, I would make a big deal out of it. It might make them rethink their policies which, in the future, would help to protect you (and other photographers).

[BCampbell]

If you want to go after Walgreens you're going to have to lawyer up, and that's most likely more trouble and money than it's worth. If you do make a big deal out of, you're probably going to get an employee there fired, so decide if that's how you want to deal with this client/family member lying to people.

Sounds like this person is pretty stubborn and thinks they can just get away with whatever they want. In my experience, being direct and blunt is the best solution here. I would call them up and present them with three facts:
They lied to you
They lied to the Walgreens employee
They breached your contract (hopefully you wrote a contract)
and then ask them what they think you should do. The old "if you were me, what would do you" question tends to work. If this person still doesn't see anything wrong with what they did, just write it off, and use this as a learning experience.

[FrankLamont]

There are plenty of reasons why that was possible, actually - primarily, there have been many cases where people with even print releases with them, a personal word with the pro themself, et al were still not able to print at places (in the US) such as Walmart.

It hasn't happened over here in Australia, but I know of numerous cases such as those. It can cause great problems if the printer just questions it all.

I daresay the printer does or should have terms and disclaimers... they are not liable, etc.

You probably should make it clear to that same client and for future clients.

[dakwegmo]

Are you in the US? If so have you registered the photos with the US copyright office? If not, then you would only be able to sue for actual damages, not punitive damages for infringment. If they only made one copy of a print that you sell for a fairly low price anyway it could cost you more to file the suit than you could hope to recover.

[Brian Mullins]

If you are a member of the PPA call their legal department for advice.

Walgreens has been sued before for copyright infringment and lost. The reason the manager wants you to keep it between you is because he knows they broke the law. The real question is what do you want to do about it? Sure, you could sue and get some money from it. It would be better if you registered your images with the copyright office NOW.

If your goal is to make sure it doesn't happen again, call walgreens corporate or, better yet, have a lawyer draft a letter to walgreens notifying them of the infringement. Of course, they may not listen unless they get sued however.

To clarify something - it doesn't matter if you are a pro running a business or a regular joe, copyright law protects both of you against infringement equally - pro's just happen to know the law.

[autofocus]

I believe KMart was sued for this very thing. Lots of good advice from the above posters..both pros and cons. Unfortunately, we've also had occasions that it happened to us, and there's only so much you can do to protect yourself. Pro labs, and even Costco can and will print your copyright message on the backs of photos. I put a strong statement on the bottom of our price sheet about how we feel about copyright laws, and what action we are prepared to take if they are violated. But in this day and age many people will try to get away with as much as they can. Look what's happening today in the music industry...artists that once made their livings from record / CD sales get ripped off every day...sad.

[Jim Bryant]

This is the information I add to IPTC info along who, what, when, where and why, keywords in each photograph taken whether it's sold or not. You can either created a templet in Photomechanics, Photoshop, Aperture or lightroom. In photoshop you go to File info - IPTC status and add Rights Usage Terms box. That's right below the Copyright box.

My Copyright info is:
Jim Bryant Photo. ©2010. ALL RIGHTS RESERVED.


My Rights Usage Terms is:
"Thank you for respecting intellectual property rights. These images are for your personal viewing only among immediate family and friends and may not be published, shared, or re-used in any way without written permission from Photographer." For questions or permissions, please contact: Jim Bryant Photography
jim@jimbryantphotography.com
url:Jim Bryant Photography Shoots Corporate and Family Portraits, Youth and Professional Sports, Weddings, Festivals, Parties and Other Events
Seattle, WA., based freelance photojournalists specializing in sports, travel | Jim Bryant Photography
360.731.1944