Copyright Thief Problem Fixed

[AndreaT]

I had posted early about how a customer had taken some wallets to Walgreens and had them copy and print some more prints from my wallets. The customer actually called me because the Walgreens wasn't going to print them at first with out permission. But I wasn't home when she called me. So the customer lied to Walgreens telling them that I wasn't a real business and I just do it out of my home for fun. So, Walgreens printed the prints. Now this is what happened after that!!

Walgreens is going to pay for the copyright infringement and they are going to put out a memo about the copyright rules to the area Walgreens. They also have redone their training for their managers in the Photo department.

I am glad I didn't just let this slide. It's an obvious problem that is going on at places like Walgreens. If it weren't for my husband helping me through this it wouldn't have gotten solved.

This is what we did.

We called the Walgreens and talked to the manager about what happened. He kinda blew off my husband and wanted to keep things between them. My husband told him it wasn't the last time the manager would be hearing from us.

The next day my husband stopped by the Walgreens with a copy of what my waiver looks like and the receipt of the customer's purchase, to prove that what I have is a real business and it was a real business deal. We then told the manager what we wanted. We wanted them to pay for the copyright that they used, and we wanted an area wide memo put out to the other Walgreens letting them know about copyright laws and to make sure they know the policies.

While my husband was there at the store there was a man actually trying to copy a school photo. The lady at the counter told him that he couldn't copy that picture because it looked like it was taken by a professional and that he needed a waiver. The man got really mad and yelled at the lady telling her he took the photograph. My thoughts on that is, if he actually took it he wouldn't have gotten so mad, he would have appreciated the lady asking for proof.

So, obviously this Walgreens has let a lot slide in the past. The Regional Manager called me to ask me about what happened and asked for a copy of the receipt and he wanted some time to talk to their lawyers about it. I gave them a copy of the receipt.

We have some good friends of ours that are lawyers and they said they would send Walgreens a letter if needed. But that wasn't needed. The General Manager called me back the next day saying they would write up a memo for all the Photo Managers and to have a training session to go over copyright laws, and they are going to buy the copyright to the photos that were printed. Which comes to $200.

I am glad I didn't let this slide. I know I am just starting out as a photographer, but I feel like it's a big issue with photography these days and we can't let big companies just run over us. I know in sticking with the issue and not demanding a ton of ridiculous stuff Walgreens came to an agreement with us.

I know by doing this I am protecting other photographers as well. I hope that at least this one Walgreens has learned it's lesson and hopefully pass it along to the other area Walgreens.

Oh, and the Walgreens lawyers said that if that was all we wanted then to go with it because they could have been fined up to $150,000 per image that they copied.

So, I hope that this solves the problem in our area, at least for a little while, or until a new manager comes along.

Andrea
Andrea T Photography

[Sime]

Photographers - 1

--- We've still got a long way to go before this isn't happening every other minute, but great work for sticking up for yourself! ---

Sime

[PhilD41]

Way to go. I have actually be asked for proof while printing a picture I took. I agree, if the guy had been the photographer I think he would have been glad they were being cautions. That said, it can be hard to prove you took a photo. It can be done though.

[Gobae]

Originally Posted by PhilD41

That said, it can be hard to prove you took a photo.

That was my thought. If I were challenged how can I PROVE it? If I were told I couldn't print my own images I would probably be as irate as the guy mentioned above.

Any method I can think of right off the top of my head (bringing in a file instead of a print) can be faked by someone not authorized.

[candleman]

well done.

[SusanH1970]

On behalf of photographers everywhere:

[OsmosisStudios]

Originally Posted by AndreaT

and they are going to buy the copyright to the photos that were printed. Which comes to $200.

This is my only worry. Did they pay damages for infringing your rights, or did they actually purchase the copyright to that image? If the former, that's good. if the latter, that's bad.

[Jim Bryant]

good for you standing your ground.

[Sachis2112]

Since first reading the original post, I've wondered how I might "prove" I took a particular shot. I recently picked up some Moo cards so I carry my proof in my purse. I could just whip out some photographic evidence that I'm not an idiot right there.

Thank you, for 1) sticking up for yourself and 2) telling us how it ended.

[Jim Poor]

1. Good on ya for sticking to your guns.

2. You really need to clarify what they paid you for. If they paid you for the value of the prints, that is one thing, but if they paid you "for the copyright," especially if that is in writing anywhere, they now OWN the copyright and YOU can't do anything with the photos.