Copyright Information

Federal Copyright laws gives exclusive right to reproduce images to the photographer or studio that created the original image. Any image created by someone other than the copyright holder requires written notification of a copyright release before any reproductions of any type may be made.  Severe fines and penalties may be imposed for any copyright violations.

 It is the policy of this store to respect Federal Copyright Laws and the rights of the copyright owners.  We will not violate Federal Copyright Laws and make every effort to make our customers aware of these laws as well.  Federal Law requires that: 1) you must own the copyright to the image (artwork, files, film, movie, prints, slides, video, or other material) you wish to have re-printed, copied, or produced (or) 2) if you do not own the copyright, you must have written permission from the owner of the copyright to have reproduction work done.

Camcor, Inc. reserves the right to refuse to reproduce pictures, files, images, CD’s or any other media if such material appears to be in violation of the Federal Copyright laws.

Note:  Images produced prior to January 1, 1978 do not require copyright release.

CUSTOMER COPYRIGHT INFORMATION

Copyright can be confusing.  What is copyright, who owns what, why all the fuss, how can I get copies made, and are there any exceptions are questions that frequently arise.  The below is designed to provide information to help customers understand why some photos cannot be copied by this lab.

WHAT IS COPYRIGHT?

The U.S. Constitution and the Federal Copyright Act give "copyright" protection to "authors" for their "original works," such as images and photographs.  Among the protections that copyright owners have are the exclusive right to:

    

1. make copies of the work;        
2. prepare other works based on the original;        
3. Distribute copies of the work to the public by sale, rental, lease, or lending; and        
4. to publicly perform and display the work

These rights are protected by laws which provide for damages and criminal penalties for violations. Both the customer and the lab are subject to the law.

WHO OWNS WHAT?

The law says the "author" is the owner of the copyright.  The author of a photo or image is usually the person who snapped the shutter or created the image.  If you took the photo, you own the copyright.  If a professional photographer took the photo for you, then he or she owns the copyright.  If that photographer is an employee of a studio or other person in the business of making photos, then his or her employer is considered the author.

Prior to 1978, court cases said a customer who commissioned a photo was the employer of the photographer, so customers could get reprints made without any problem.  In 1989, the US Supreme Court said that was no longer true.  To be an employee, the court said a person would have to be considered an employee under the traditional tests such as are used to impose payroll taxes, social security, and similar laws.  That is not the usual customer-photographer relationship.

WHY ALL THE FUSS?

The primary reason is economic.  Photographers feel that they invest a lot of time and creative energy in getting the experience, and setting the camera, poses, lighting, background and extra shots to get the right one.  They generally price their services by taking into account the fact that customers will purchase their prints from the photographer.  If the prints are obtained elsewhere, the photographer loses the opportunity to recover a fee for the effort expended.  Thus, the photographer wants the customer to come to him or her to request reprints so an appropriate fee can be charged.

Some photographer charge a realistic fee "up front" to compensate for their services, whether or not prints are ordered. They may authorize the customer to have the prints made anywhere.

Some photographers also are concerned about artistic integrity.  Since their name is associated with the photos, they want control over how the reprints look.  There may be many other reasons.  You are encouraged to discuss these issues with your photographer.  That way his or her position can be fully explained, and you can obtain the additional copies you desire.

HOW CAN I GET COPIES MADE?

If we cannot make the copies for you, go to your photographer and request them. A professional photographer will do their best to see that your needs are met.  If they cannot make the copies, they may authorize us to make them.  A consent form is available for you to take to the photographer.

ARE THERE ANY EXCEPTIONS?

Generally, no.  In some unique circumstances, we may be able to consider special requests.  We will gather the information, investigate to the extent necessary to see if permission can be obtained, and make a decision based on our best judgments of how the law applies.  Please understand if we tell you that we cannot make the copies.  It is our legal obligation to protect the photographer to the extent possible, and to keep you and ourselves from incurring liability.