Copyright is Forever ...even for 100 old photos...

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computerlove
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13 Aug 2008, 11:49 am

http://www.flickr.com/groups/100_years_ ... 167106526/
Way to go f*** Wal-Mart!


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Prof_Pretorius
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13 Aug 2008, 12:46 pm

Ignorance is running rampant ! ! A photograph taken by a studio is paid for by the person ! ! Therefore. it belongs to that person ! !! The only time such an issue comes into play would be if you wanted a copy of a newspaper, magazine, or book photograph. If your grandfather is General Grant, then yes, there might be a copyright on it. Even then, it's dicey.


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SabbraCadabra
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13 Aug 2008, 1:29 pm

100 years, the copyright would've expired. I believe it only lasts around 70 something years? That's why all these movies from the 1940s that haven't had their copyrights updated are going into public domain.

But I guess unless the photo has a copyright date on it, WalMart probably doesn't feel like taking chances...and even then, they take exception for one person, they have to extend it to everyone...

Not that I'm defending WalMart ;)


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ShadesOfMe
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13 Aug 2008, 1:59 pm

Wow. once again, more proof that walmart is completely stupid, and never to be shopped at, or trusted.



ThatRedHairedGrrl
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13 Aug 2008, 2:25 pm

Nuts.

The facts are these:

During a photographer's lifetime, copyright does belong to the photographer. (I know, I'm married to one!). In the past, the photographer would usually keep the negatives to ensure the customer didn't go getting prints elsewhere. Today, they'll often hand a wedding couple, say, a CD so they can print their own (looks good to the customer, but they won't get the higher quality prints a pro can give them - but then, some prefer it that way.)

The photos become public domain 70 years after the photographer's death. If you have photos 100+ years old, they most likely are public domain. Any copies of them - and indeed, any photocopies of any public domain visual material - are also public domain. This means you, or anyone, can do what you like with them. I scour swap meets and flea markets for those postcards they used to make from family photos, to use them in collage. Lots of other collage artists do likewise. This is perfectly legal.

The laws on material still within copyright are strict as heck. In theory, you can be sued for cutting out recent magazine pictures and using them in a collage, no matter how much you alter the source material. In practice, we work with what we can get away with! The 'fair use' clause doesn't apply to visual stuff the way it does to text. If the law had worked this way in the past, artists like Max Ernst, Kurt Schwitters and Peter Blake would have been breaking the law, because they used contemporary clippings.

The truly annoying thing these days is the spate of photo agencies like Getty :evil: buying up material which was previously public domain - stuff like historical archive photos - making it their copyright, and charging people for its use. Stuff that was previously freely available online. I'm all for the people who track down hard-to-get-hold-of vintage stuff and sell them at $20 a book for 500 images like Dover do. They mean I don't have to pore through hundreds of secondhand stores searching out Victorian magazines. But there are agencies who do the same thing and charge $300 a time, and that's plain greedy. (Especially when, with a little research, you can find the same images elsewhere online for free.)

I've never heard of any copy shop in the UK laying down the law that way, although most stores (and libraries) do have warnings up. My own solution is to have a scanner at home. Not a solution everyone can afford, but the only way to make sure no jobsworth tells you what you can and can't do.


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MissConstrue
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13 Aug 2008, 10:29 pm

computerlove wrote:
http://www.flickr.com/groups/100_years_old/discuss/72157594167106526/
Way to go f*** Wal-Mart!


Watch it my dad works there.. 8O


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computerlove
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13 Aug 2008, 11:43 pm

A very good friend works there.

I know at least 3 people that work there, and all of them say very bad things about the company, and how they manage to keep prices down.

Here's more info:
http://www.fastcompany.com/magazine/77/walmart.html


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iamnotaparakeet
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13 Aug 2008, 11:55 pm

computerlove wrote:
f*** Wal-Mart!


Amen!! !



spudnik
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13 Aug 2008, 11:55 pm

MissConstrue wrote:
computerlove wrote:
http://www.flickr.com/groups/100_years_old/discuss/72157594167106526/
Way to go f*** Wal-Mart!


Watch it my dad works there.. 8O

I would laugh if he was a greeter, Hi welcome to Wallymart, Have a nice day



computerlove
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14 Aug 2008, 1:49 am

ThatRedHairedGrrl wrote:
The truly annoying thing these days is the spate of photo agencies like Getty :evil: buying up material which was previously public domain - stuff like historical archive photos - making it their copyright, and charging people for its use. Stuff that was previously freely available online. I'm all for the people who track down hard-to-get-hold-of vintage stuff and sell them at $20 a book for 500 images like Dover do. They mean I don't have to pore through hundreds of secondhand stores searching out Victorian magazines. But there are agencies who do the same thing and charge $300 a time, and that's plain greedy. (Especially when, with a little research, you can find the same images elsewhere online for free.)


8O wow.

Are you in the USA? What do you think of the "Mickey Mouse Protection Act"


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MissConstrue
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14 Aug 2008, 7:12 am

computerlove wrote:
A very good friend works there.

I know at least 3 people that work there, and all of them say very bad things about the company, and how they manage to keep prices down.

Here's more info:
http://www.fastcompany.com/magazine/77/walmart.html


I have a feeling the business isn't going to be what it used to be. The prices here are not rolling back but forward.


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ImTheGuyThatDidThat
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14 Aug 2008, 7:34 am

Dont have those here, but i have a real bad impression of them,
i just see so many people (not just on wp) that have so much bad
to say about them. Come to think of it, i`m not sure i`ve ever heard
anyone say anything nice about them :) wow



iamnotaparakeet
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14 Aug 2008, 7:37 am

ImTheGuyThatDidThat wrote:
Dont have those here, but i have a real bad impression of them,
i just see so many people (not just on wp) that have so much bad
to say about them. Come to think of it, i`m not sure i`ve ever heard
anyone say anything nice about them :) wow


What is nice about them is you get paid down-time while waiting for the management to finally come and unlock the darn trash compactor... :P



ImTheGuyThatDidThat
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14 Aug 2008, 8:20 am

^
:) well, i guess thats something



tomboy4good
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14 Aug 2008, 10:12 am

I've also heard if someone shows up at a Walmart with images that the lab tech *thinks* look professional, they won't be printed either. Even if it's the photographer with the images in hand! I do photography, I don't use Walmart (occasionally do use Sam's Club-same company-for large prints), but I have other choices because I live in So Cal.

The other issue with Wally World is a high turn over rate for employees. So even if you find a decent lab tech, there's no guarantee they will be there for long! Plus I prefer a company that calibrates their machines on a daily basis. Going to Walmart is ok for basic prints as they are basically contact sheets, but a better more professional lab produces better prints, especially for portrait enlargements.


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computerlove
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14 Aug 2008, 10:42 am

^
Yes, I've heard that, I think there was a discussion about someone being treated badly about that not so long ago at BoingBoing.

thank God there are still plenty of labs here in my town, all of them very conveniently located, not Wal-Mart near them :)


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