June 7, 2005
Just as long as you're not good enough to compete...
The Union-Tribune reports that Wal-Mart and other digital-photo printer services are refusing to print pictures that, in their opinion, look "too good" and thus might be copyrighted by a professional photographer. This is likely in response to guidelines drawn up by the Photo Marketing Association International, which among other things instruct "If there is not a clear lawful basis to make the copy, the safer course is to decline to copy." While not legally binding, following the guidelines are a good hedge against being nailed for copyright infringement by the PMAI, as Kmart Corp. learned when it was sued in 1999.
I suspect these guidelines came out of a genuine desire to "protect our members' legal rights," but I can't help but notice how well suited they are for stifling legitimate competition. If you're a crappy photographer then no problem, go ahead and use the online photo-processing site. But if you're good at using Photoshop and your high-end consumer digital camera then you're going to get harassed. Next time leave it to a professional, or better yet become one yourself and join the PMAI. I'm sure flashing a membership card would be more than enough to convince the clerk at Wal-Mart that you're legit.
(Link via Copyfight)
Update: I should point out it's not just Wal-Mart that's being hard-nosed here. On various blogs people are talking about trouble with a variety of other services, including Kinkos and Kodak's Ofoto.
Posted by bug to Intellectual Property at June 7, 2005 9:11 PM
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