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  1. #1
    Join Date
    Feb 2008
    Posts
    7

    Default Copyright Of School Pictures

    Ok, so the shcool sends home these packages of pictures that they took of my children. They send them home so you can see them in the hopes that you will purchase the entire package.
    The pictures were ungodly expensive, we couldnt afford them.
    So I did what any person with a scanner on their computer would do and I scanned one from both my son and daughters package and sent them back to the school.

    So I sent them into walgreens via the net and had 1 print made of each. Not so smart I suppose. The lady notified me that the picture were copyrighted and she gave me a form entitled..." Walgreens customer copyright declaration form". She said I was to fill it out.

    Basically I need to know how back I screwed up here and what are the chances that I get into serious trouble. If I do get into trouble...what am I looking at? I have no clue what to do with this paper or what it mean. Plz help

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,304

    Default Re: School Pictures?

    The form requires you to declare that you either have permission from the copyright holder to reprint the pictures or that you own the copyright to the pictures yourself.

    Obviously, neither is true. Walgreens's simply will not print the pictures.

    The photographer, on the other hand, could sue you for copyright infringement if Walgreen's reports you.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Copyright Of School Pictures

    Don't fill out the form - forget the pictures from Walgreens & hope that you don't get sued. I don't think you will get sued (though the photographer could sue) but you won't get the pictures from Walgreens.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,836

    Default Re: Copyright Of School Pictures

    Quote Quoting Mojorisin
    View Post
    Basically I need to know how back I screwed up here and what are the chances that I get into serious trouble. If I do get into trouble...what am I looking at? I have no clue what to do with this paper or what it mean. Plz help

    It is only a reasonable assumption that pictures taken of your child that you buy are not copyrighted.

    However, you did not buy them. It was a bad judgment call.


    The fair use doctrine of copyright laws permits use of registered material in some instances, however, your conclusion it applied here was in error.

    The harm was probably "minimal" to the copyright holder.

    Although, I suppose, techncially he could sue you as an example, the law does not bother with "trifles" and sometimes disallows such suits to proceed.

    Case specific though.

    http://en.wikipedia.org/wiki/De_minimis

    If such a possible violation were repoted to him by WG, he would probaby demand a public apology as a remedy. His damages would be minimal also, even if he won a case.

    Did the school/photographer make it clear before purchase these were copyrighted pictures and not to duplicate?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,830

    Default Re: Copyright Of School Pictures

    Unless the photographer is identified on the face of the photograph, there's no reasonable way for Walgreens to know who the photographer is.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,304

    Default Re: Copyright Of School Pictures

    Quote Quoting aaron
    View Post
    Unless the photographer is identified on the face of the photograph, there's no reasonable way for Walgreens to know who the photographer is.
    In the case of school pictures, it's trivial to find out what company took them (those are generally works for hire, the "studio" owns the photos, not the individual photographer).

    That would have to be a Walgreen's employee endowed with a lot of give-a-damn, though.

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