On Customer Service: Walmart Photo Center

Before Rosario and I got married two years ago, we hunted around Tijuana for a photographer and video production crew. The photographer we chose wasn’t terribly artsy or creative, but he did offer one thing no one else did: digital originals of all the photos. Most photographers guard originals with their lives to keep couple’s coming back for prints. This guy even gave us a special price for the DVD-R of images because I think I was the first person who ever asked for it. The video crew we hired also offered to sell me the original tapes for the cost of the media only. The source material is priceless to me, and luckily, I found a few people who didn’t realize it.

So the other day, we wanted to give some wedding photos out as gifts. I used Walmart’s online photo service to upload and order the prints (I’ve been impressed with the quality/price/speed of their prints). An hour later, a guy from Walmart calls to say he can’t print the photos because they are “professional.” He explains that they will print the photos if I bring in a signed release form from the photographer. “I own the originals,” I explain. “I bought them as part of the photographer’s services. He didn’t give me a release form, he gave me the images.” He repeated, “You’ll need to bring in a release form or I can’t print these.” I tried to explain the situation in simpler yet increasingly louder terms. He regurgitated company policy again and again like a robot stuck in a loop. After I was just about ready to tele-strangle the guy, I gave up and asked for a refund instead. “You’ll have to come in to the store with the receipt you printed to get the refund.” They couldn’t even refund it online where I’d ordered . . . I debated whether the gas to drive in plus the exasperation was worth the $7.81 refund, but I decided it was.

Moral: Buy a good photo printer or go to a local non-franchised print shop.

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77 Comments »

  Gravatar valerie wrote @ October 3rd, 2006 at 9:40 pm

Yeah, rediculous.

Have you tried Shutterfly or another online company like that? Yahoo? I’ve printed with both of them before and been quite satisfied – not to mention Flickr and I think I’ve used Snapfish before, too. I know that I printed some of my wedding photos before and was not given any trouble.

The only trouble I’ve encountered at Walmart had to do with a photo of my grandmother who died in 1963. The photo was probably done late 50′s and while it was obviously studio, it was not marked so that we could find out who had taken it. After I printed them on the machine, I was told I couldn’t have it (ignoring the wedding photo of my husband’s grandparents from 1947). I explained that this photo was from approximately the 50′s, she had died in 1963, and we had no way of knowing who took the photo to get a release; another employee finally said, “just let her have it.”

The whole debate is not so much that they refuse to print professional photos, it’s that who’s to say what’s professional and what’s not? How can a Walmart employee possibly possess the ability/knowlege to say, “hey, this is a ‘professional’ photo”? Simply, they can’t – they are just minimum wage employees and have only their own opinions to go on. And, really, that’s just not enough.

  Gravatar gabo wrote @ October 4th, 2006 at 8:04 am

I’ve been very pleased with dotPhoto and ClubPhoto in the past. And every now and then, dotPhoto has some terrific specials, like 14 cents per print and such.

  Gravatar aaryn wrote @ October 4th, 2006 at 8:54 am

With WalMart’s employment policies and sub-par wages, it’s not surprising that the employee was less than helpful. I’ve used Kodak Gallery and been very happy with the results. Good luck…

  Gravatar ChrisN wrote @ October 4th, 2006 at 11:18 am

Interesting. I did the same thing for our wedding, we have TIFFs of all the photos, it was part of the deal. No problem printing them through shutterfly or ofoto (kodak). Though I wonder if they are looking at the EXIF info to make a judgment call on the “professional” tag. In our case, since they were TIFFs, all that info was stripped out. Maybe we flew in under the radar?

  Gravatar Nathan wrote @ October 4th, 2006 at 5:58 pm

Thanks for the suggestions! I guess the only reason I used Walmart to begin with is because you can actually get prints in 1 hour. But I’m not really in that much of a rush anyway. I’ll definitely give some of these other options a try.

  Gravatar Tammy wrote @ October 5th, 2006 at 5:09 pm

You might also try Gaslamp photo. We also own the originals of our wedding photos and the photos were taken by a professional photographer. Gaslamp printed them without any question. Of course we were married in the stone age, so we own negatives not electronic files.

Either way, it wasn’t a problem with them. And the quality of their prints is excellent.

  Gravatar Mark wrote @ October 10th, 2006 at 8:11 pm

I had a similar experience with the Walmart in Vista. except that the pictures I was trying to reprint were taken at a dance studio by me and using studio lights and a color backdrop. The lab tech told me that she could not give me the pictures because they were copy protected. I asked her “by who” and she said the photographer. I told her that I am the photographer and provider her my business card. She placed my card in a folder and then sold me the prints. I still use Walmart for quick photo printing that does not need any special mounting.

  Gravatar greg p. wrote @ November 4th, 2006 at 7:09 pm

Hi, I work at a Wal-Mart and what happened here isn’t the way it’s supposed to work. Only if the photos have some indication of copyright on them will you not be allowed to copy them without permission. I think this is fair, it keeps photographers from getting ripped off.

But it is no one’s place to say you can’t copy a picture based on the way it “looks” (ie: it looks professional). That is incorrect policy and you should complain and demand to see the rule book.

And for the record, not everyone that works there is a complete idiot. Some people there actually have Phd’s but no other options in life at that given moment (not me). Yes, the pay sucks, but don’t take out your anger on the poor man/woman that is only doing what they have to to avoid being fired from a low paying job. We’re all in this together.

  Gravatar SHANIQUA J.- WAL-MART PHOTO LAB MANAGER wrote @ November 9th, 2006 at 9:02 pm

HELLO, I TOO AM A WALMART ASSOCIATE. I THOUGHT MAYBE SOME INSIGHT WAS NEEDED ON THIS PARTICULAR TOPIC. JUST TO SET THE RECORD STRAIGHT THE ABOVE WALMART ASSOCIATE GREG P IS NOT ENTIRELY CORRECT. THE POLICY STATES IF ANY PICTURES EVEN APPEARS TO BE PROFESSIONAL WE CAN NOT PRINT THEM. EACH AND EVERY MONTH EVERY PHOTO LAB ASSOCIATE HAS TO READ AND SIGN THE COPYRIGHT POLICY ENFORCED BY OUR GOVERNMENT. THIS SO TO SPEAK POLICY IN FACT HAS NOTHING IN CONNECTION WITH WALMART. IT, ITSELF IS A LAW. THIS POLICY IS ONLY BEING ENFORCED BY WALMART TO NOT FURTHER IMPLICATE THE COMPANY OR OURSELVES IN ANY LEGAL ACTIONS. JUST AS THE GOVERNMENT PERFORMS STINGS REGARDING UNDERAGE SELLING OF TABACCO AND ALCOHOL, THEY DO THE SAME IN REGARDS TO COPYRIGHT INFRINGEMENT. ALSO, NOONE CAN DEMAND TO SEE A QUOTE ON QUOTE RULE BOOK. THERE IS NO LAW STATING WALMART OR ANY COMPANY FOR THAT MATTER, HAS TO POST EACH AND EVERY POLICY. ALSO GREG YOU WERE CORRECT IN STATING THAT ASSOCIATE WAS ONLY PROTECTING HIS/HER JOB BECAUSE THEY CAN BE FIRED FOR SUCH AN ACT WITHOUT QUESTION BECAUSE IT IS AGAINST THE LAW! MY SYMPATHY GOES OUT TO MR. GIBBS ALTHOUGH I FEEL HIS PHOTOGRAPHER DROPPED THE BALL BECAUSE HE I’M SURE WAS WELL AWARE MR.GIBBS NEEDED A SIGNED COPYRIGHT RELEASE IN ADDITION TO HIS PRINTS/CD. ALTHOUGH IF HE HAD BEEN A CUSTOMER IN MY STORE I WOULD HAVE GONE THE EXTRA MILE TO EXPLAIN AND TRY TO FIX THE ISSUE AT HAND SO MR. GIBBS WOULD HAVE LEFT HAPPY !!! SO GREG P BEFORE CALLING ANYONE OUT OR EVEN CALLING THEM AN IDIOT GET YOUR FACTS TOGETHER. ALSO I WILL TELL YOU AS I DO OTHER DISGRUNTLED ASSOCIATES IF IT’S SO BAD YOU HAVE OTHER OPTIONS WE ARE NOT FORCING YOU TO STAY AND WOULD REALLY RATHER YOU DIDN’T, FIND OTHER JOB JUST THE WAY YOU FOUND THIS ONE. BUT DO KNOW 70% OF ALL FORMER ASSOCIATES RETURN WITHIN A YEAR.

  Gravatar Matt B wrote @ December 21st, 2006 at 10:54 pm

I feel retarded to respond to a thread that is a few months old; but whatever. The second associate is correct in the fact that photolab associates are requirded to sign in a monthly compliance book (the blue bible) that says they understand and will follow fedral law and walmart’s policy regarding copyright material and pornographic prints. Their policy is if the prints APPEAR to be professinol they require a copyright release. I have worked at Walgreens their policy is the same.
Honestly, I (and many like me) don’t follow this policy because i am scared to be fired (I don’t care; fire me whatever.) Anyways the whole point I am trying to make is that I am sorry for your situation. And you are unique in the situation. Lets think in a given day I will have to tell atleast one customer this policy. They yell, scream, curse ( I even had someone call me one the phone and threaten me by saying he was going to wait for me outside; told him i get off at 10), They require to see managment (which by the way will not help the situation; you are still not going to get the prints; managment dont know anything; they rely on us) {ha ha} I guess the point i am trying to make is we have heard everything and that makes it hard to pick out the truth tellers and the liars.
On a second note: (complete sepreate from this thread) I will be working in the lab look at a print reconize it as copyright becouse i have seen the same backdrop from a second customer. Please don’t lie; I (we) are not retarted. And yes you (the customer) are also agreeing to this policy when you use the picture maker, the DPC (Digital Photo Center) and online; so don’t use the excuse “were is it in writing?” It is the screen no one reads and only press “accept” on. It also says “APPEARS” read it.

Check out the Copyright policy at http://photos.walmart.com/copyrightpolicy/t_=6739853
Then print a release form so you can copy all the photos you want at: http://photos.walmart.com/photo/messages/51016-0_WM_copyright_EBF1D.pdf

  Gravatar Terry D wrote @ December 26th, 2006 at 5:21 pm

I work in a pro lab. Wal-Mart has deep pockets in the eyes of some people. So they have to extra careful when it comes to copyrighted images. But come on Shaniqua! The guy had the images on a disc. No photographer with half a brain would give his client the images on a disc unless he wanted them to go and get the reprints themselves. It is quit a common practice now a days with the part-time weekend wedding photographers to do this. The copyright laws does not say anything about us ( the people working in labs) making the judgment call on what is copyrighted and what is not. If a pro walked into your store and gave you a disc to print, and you see these beautiful shots that look professional, are you going to make him prove he is the photographer that actually shot the images? If the photographer does not want them to be printed, he would give him a disc with quality images. You ( or your store is ) are over interpreting the law. BTW…ALL CAPS IS RUDE. IT’S LIKE YOU ARE SHOOTING AT US. Very unbecoming of a Wally-Mart employee..oops I mean associate.

Nathan,
If you live in SD then there is 4 good labs to get your images printed at. They are Georges Camera, Gaslamp Photo, Nelson Photo, and La Jolla One Hour Photo & Imaging.

Greg,
We know not all Wal-Mart employees are idiots…just about 70%.

  Gravatar Terry D wrote @ December 26th, 2006 at 5:23 pm

oops..typo…shouuld say SHOUTING not SHOOTING

  Gravatar Otto wrote @ December 27th, 2006 at 11:30 am

Walmart is doing the right thing by following the law. Just like a restaurant checking your ID before serving liquor if you appear under age, photo labs need to check the ownership of copyright if a photo appears professional.

The law states that a photographer earns and retains all rights the moment he/she takes the picture. No copyright notice has to be printed on the photo for the copyright to be in effect. The written notice is simply added protection.

It does not matter what medium the photos are on. Whether it is a CD, a Blue Ray disc, a memory card, or a piece of paper, it does not make any difference. You cannot assume that because the photos are on a CD, it means that the photographer must have surrendered his/her rights.

The only way to obtain legal rights to any intellectual property is through a properly written, and signed, release form.

Be prepared to be asked for copyright releases by more and more printers and labs. Copyright laws are being enforced and violators are being prosecuted.

It is really quite simple. Don’t try to circumvent the legal rights of others, as you would not want your own rights being abused. Be pleased when asked for proof of copyright, as it assures you of the responsible attitude of the vendor you are dealing with.

  Gravatar Terry D wrote @ December 27th, 2006 at 1:36 pm

“Photo labs need to check the ownership of copyright if a photo appears professional.”
This law has lots of loop holes and I don’t see how it would be possible to run a business try to stick to them. Who makes the call on what a pro photo should look like? I have pro customers that make me wonder how they stay in business. There images are horrible. Should I not ask them to sign a release because I don’t think their images appear to be professional? I have amateurs come into our lab that can shoot circles around some of my pros. When they come back should I have them sign a release because they shoot to good? The problem for the lab and the pro be solved if the pro just put a big obvious copyright on the back or front of every photo or on the CD. Back in the old days this worked great. And it still works today. It is real easy to make small low res unprintable files that can be viewed nicely on a computer, but will not print with any quality. That’s the only files the pro should give his client if he does not want his images reprint with out his permission. Giving full res files on a cd to the client is like handing them the negs. I would never ask for a copyright release to be signed if someone has the negs becuase it is obvious that the pro wants them to print them on there own. But you guys at Wally Mart can keep doing your thing and the pro labs will do it their way. That’s one of many things that set us a part.

  Gravatar jonathan kaz wrote @ January 15th, 2007 at 11:09 am

Ok, Ok,

I know some of you think it is just like a thing everyone does but it is still very illegal!
Now I know a lot of photographers in the early days of selling there digital negatives off did not think of this. and it is a also a situation to situation problem but from a lot of your posts I am reading you are purposefully trying to break the law and justify it in your head!

I can tell you as a veteran photographer its people like you making it hard to keep good photography affordable. Period!

If it were my images and I caught you believe me….I would sue your ass off!

http://www.sixpencestudios.com

-My 2c

  Gravatar Valerie wrote @ January 15th, 2007 at 1:27 pm

That’s ridiculous. In Nathan’s case, the photographer gave him the original images knowing full well that he could and probably would reprint them. According to the post, the photographer offered these, his arm was not twisted nor was he tricked into doing this. If he did not want them reprinted, he would not have given him the cd or he would have given him one with images that wouldn’t print well. Nathan has done nothing wrong or illegal, and has done nothing to threaten your business or make it “hard to keep good photography affordable.”

And in response to Matt B, I have many friends who own their own photo backdrops. Just because you might see the same blue background on two photos brought in by two different people does not mean the photos were shot by the same photographer. Just a thought.

  Gravatar Monica Chandler wrote @ February 4th, 2007 at 7:23 pm

I just had a wedding picture incident happen at Wal-Mart. My question is if there is no copyright on the pictures, how can you show a signed copyright. My pictures were taken by a friend with my camera (Kodak Easy Share, must make “professional images”) and the preacher. (lol) They are wonderful pictures and do look professional, but I cannot provide a signed copyright release if one doesn’t exist. I don’t think that it is Ok for people to have to go to another picture printing company to print pictures that they own. Also, with all the complaints that I have read here and on other sites, I think this is a significant problem that Wal-Mart needs to address. Because I also do amateur photography, but I wouldn’t even know how to go about getting a copyright. I am extremely frustrated, and I also think that some people (employees) are using this as a power trip…personally, I’m sorry if their lives aren’t what they would like, but don’t take it out on me. Also, I asked if there was something I could sign that would release them from responsibility, and I was told that there wasn’t, but then when I go home I found the “Copyright Ownership Indemnification Agreement” online. However, this still concerns me, seeing as there is no copyright. Feel free to contact me at monicajanethompson@yahoo.com because I am intent on pursuing this issue as far as needed to resolve it, and to stop photo lab people from treating honest citizens like criminals.

  Gravatar Jane Boucher wrote @ March 29th, 2007 at 9:26 am

I have a big problem with walmarts photo copying, My problem Is I never have tried to copy a copy writed photo. but have been basically called a liar over it, My grand daughter did a picture of herself on her cell phone and computer , WHOOPY copy writed, , My granddaughter had another picture of herself at her quinceanera that I TOOK in front of the living room wall, WOOPY ANOTHER copy writed photo fight. These employees cannot tell copywrited pictures from a digital photo. , IS it no wonder we think they are idiots. I am 63, I think I will buy a photo printer just for these types of photos, but its a shame if you can take good pictures your called a liar. Jane Boucher.

  Gravatar Otto wrote @ March 29th, 2007 at 1:32 pm

Monica, did Walmart call the police on you? Did they put you in hadcuffs, or restrained you in any way? If all they did was ask you for proper documentation then it was far from being treated as a criminal. The copyright issue is difficult. We all need to understand that in order to uphold the law, some inconveniences will have to be tolerated. Just like going through airport security might make you feel like a criminal, or being asked for a picture ID when ordering an alcoholic drink. When it comes to copyright enforcement, there is no easy way. The individuals working at the lab have to use their discretion. That fact alone creates great disparity and there are examples on both extremes. My suggestion is to simply be patient, provide documentation and use common sense. Remember that “every” picture is copyrighted, whether it was taken by an amateur,a professional, or you. Copyright takes effect the moment the picture is taken. Now that you know how the system works, be prepared to answer the questions and allow yourself the additional time. Thousands of people get their pictures done every day without any problems.

  Gravatar Monica Chandler wrote @ March 30th, 2007 at 10:22 am

Yes, I allowed time, offered to sign that I had taken
the pictures, etc. The employees were rude beyond the
point of anything that could be acceptable. My
problem did not get solved because they said that they
couldn’t print anything that even looked professional,
and they told me that there was no copyright
indemnification form. When I tried to explain what it
was, they became even more rude and said that one did
not exist. Are you getting the picture? Oh, and when
asked to show ID, you get your drink, and in the
airport, if you follow the rules you get on the plane
(I fly a lot and have never had a problem with it);
however I did not get my pictures due to poor
understanding of copyright law. Ie. If I sign an
indemnification, Wal-Mart is no longer responsible,
and if someone else owned the copyright, they would
sue me, etc.

I can only assume that you work at Wal-Mart, and my
only suggestion is if you are going to ask for proof,
fine, but employees should not be rude to customers
and should at least have basic knowledge of law. It
just makes us feel like they are uneducated and using
that bit of power to feel better about themselves.
Therefore, the outcome is not good.

  Gravatar Jane Boucher wrote @ March 30th, 2007 at 12:01 pm

MONICA, amen to you, going thru airport security, getting asked for id , when I was young never bothered me AT all. The same as signing the copywrite agreement on the copy machine when you do make copies, why have that if at walmarts discretion they can over-ride your acceptance. If I gave a id and they told me it was no good and it was I would be mad, if I went thru airport security and they told me I had something on me when I didn’t then I would be mad. This is the same thing at walmart, they accuse you of having a copy writed photo when its not, IN THEIR opinion even if you know they are wrong. To me its like being called a liar. Many many photos these days look copy writed when they are not. I guess if walmart wants to be the PHOTO POLICE then their policy is fair. Jane Boucher.

  Gravatar Otto wrote @ March 30th, 2007 at 6:52 pm

Monica, it does sound like you got treated very poorly by those Walmart employees. I am not defending Walmart and I don’t work for them. I am an airline Pilot and take many photos while I’m traveling. I have used Walmarts around the country and have never had any problems. I used to be a professional photographer in South Beach and I fully support any effort to enforce copyright law. The best thing to do is to write a letter to Walmart headquartes in the hope that someone takes notice. In my work, I have learned the value of patience. I am healthier and less stressed because of it. I hope your next experience is a better one.

  Gravatar Cherise wrote @ May 7th, 2007 at 7:46 am

I have been a customer of Walmart for years. I have used their photo center for years. Do you know walmart throws out your pictures after 90 days? Yes I had 5 rolls of film that they threw out and disposed of. Of course this is nothing in their fine print anywhere stating this, only that it is “not there responsibility after 30 days”. I am so mad and hurt, baby photos, graduation photos, everything gone. Then they said they tried to contact me, but they have no documentation or proff of this, because of course this is disposed of too. I never received a phone call nor any mail from them. Funny they refferred me back to Fugi, when they know fugi deletes them the next day. So they sent me on a wild goose chase for nothing. Nothing to show they contacted me. But I never knew this was a practice. I have never known that a company would just dispose of your pictures and then just say oh well. As a 5 dollar and hour photo rep,and a big company why should they care. These are people memories that they are just thrown away.

  Gravatar Terre wrote @ May 8th, 2007 at 10:41 pm

I’m sorry to hear you lost your photos but every photo lab I have ever worked in in the last 20 years will dispose of photo’s after a long period of time. It is a standard pratice. Every lab will handle it differently. It only take a few month for larger photo business to get over loaded with people’s forgotten photos. Space is limited. Large labs or busy stores like Wally Mart can receive 200 rolls a day. We are photo labs. Not a storage place. When I worked in a large lab. We would call old orders every month. But on the 3rd month, even if we have got a hold of the person or not, the photo’s would be added up for inventory purpose and tossed. We would throw out hundreds of rolls every 3 months. There is no way to keep that amount of images around and it’s not worth chasing down customers who just wanna look at their photo and then never come back. At the last lab I worked at, it was a small pro lab. Our volume was still high, but very few things failed to be picked up. But it still happened. We held on to them longer there. 1 year. Then the we trashed them. I have to ask this, if your memories were so important, why were they sitting at wally mart for 3 months in the hands of $5 an hour photo clerks.

  Gravatar C$ wrote @ August 14th, 2007 at 9:41 pm

Cherise,
Two things nedd to be adressed in your above comments. One I currently work at a wal-mart photo lab out in the middle of no where USA. I’m a pre-med student who makes 15 dollars an hour. Infact photo lab associates often make more than the front end managers. This is because we must know and inforce laws as well as fix machines, print and develop photos. So for you to insult the money that I or any of my coworkers make is insulting and let me tell you that one day you might well work for some wal-mart associate as most are college students persuing other ocupations. Second if these picutres were dreadfully important then why did you leave them there for three months. Would you prefer that we hold on to these photos and charge you rental space? We call people after two weeks (to a month) durring these call’s I get yell at because I’m harrasing people, such as yourself, to come and pick up thier pictures. You knew that these photos had been there for three months (as stated by you) then why did you not go pick them up. Its your own falt so shut up.

  Gravatar Tomas wrote @ August 14th, 2007 at 10:49 pm

C$ — I find it hard to believe that with the spelling, grammar, and punctuation skills you possess that you are, indeed, a pre-med student.

  Gravatar M wrote @ August 18th, 2007 at 2:34 pm

FYI, for all of you that didn’t know, most “pre-med” students are basic degree majors, and if you’ve ever been to a college campus, almost everyone is “pre-med”…..funny, not everyone ends up being an MD…hmmmmmm? Just some food for thought.

Also, most educated professional types don’t resort to telling someone to shut up when they disagree with his or her opinion.

Now, back to the issue at hand. I don’t agree with Wal-Mart policies, therefore I DO NOT shop there. It is sad that we, as a country, have let a conglomerate of this magnitude form just for the sake of convenience. And, as we can see from the above statement, it isn’t helping anyone, and could even be contributing to an even further divide between the educated and uneducated, not to mention increasing dissatisfaction at work.
–M

  Gravatar James wrote @ September 12th, 2007 at 8:56 pm

This just happened to me. I created identification cards for a private school, for the teachers and students. I used my camera, Photoshop, Illustrator, and InDesign to put them together. The final output was JPEG.

On five other occasions I had no problems at WalMart. I was able to get 34 cards done about two months ago. Tonight I had to create four more cards and the photo counter lady refused to give them to me!

She got an assistant manager and both of them stood their ground. It didn’t matter what I said. They insisted that I had to prove that I created them and if I couldn’t, then they would not give me my pictures. I lost my temper at this point. I shouldn’t have, but I did. Finally, I asked if they had a release I could sign. They did have one and after I signed it, and apologies all around, we were all friends again. Not a fun experience at all.

So, I am still wondering how I could possibly prove that I am the creator of something I print out at WalMart’s photo center. I don’t know how anyone could do that.

-JD

  Gravatar Darren wrote @ October 8th, 2007 at 7:01 am

There are several software applications that protect copyrights in images even though you can’t see a copyright on a photo, digitaly it’s there.

Unfortunatly if you were to by the copyright to an image it wouldn’t be very cheap.

There are copyright laws that must be enforced.

  Gravatar Jane wrote @ October 8th, 2007 at 10:08 am

I have no problem not being able to copy photos that are copywrited, I do have a problem not being able to copy photo’s taken by myself or family members that I know is not copywrited. My grand daughters grandmother in AZ took pictures against her living room of my grand daughter all dressed in in her quinceanera dress, and walmart refused to make prints. I took it somewhere else to be done. But it was irritating to be called a liar almost. another time My grand daughter did one of herself that her friend took on her cell phone, she put it on the computer and did it in a black and white like 2 poses as one picture, and it was beautiful, taken in front of her high school and I had to fight to get that one done, I signed the form for that. I think more and more photo’s with the digitals can look professional.

  Gravatar Bill D wrote @ October 25th, 2007 at 7:26 pm

Every writing I have read on here is bashing Wal-Mart for what we can and can’t print. I am a Photo Lab Manager at a Wal-Mart and I have had people come in and say “Walgreens wouldn’t print these pictures, can you? ” So it’s not all Wal-Mart’s fault all the time. We are going by the policies set up for us by Kodak if you print on thier machine, and Fuji if you print on thier machine. I know with cameras now going up to 12 megapixels it is going to get harder and harder to tell the difference between professional or not. I turned two ladies away today that had a high school picture of thier mother, you can tell it was professionally taken. It is a 25,000. fine if we are caught printing a professional picture. We have a number of professional photographers that come and do their pictures thru our lab. One guy prints 500 to 600 prints a week, all we had to do is have his business card to put in our files. Most people understand, my mom takes the grandkids school pictures and prints them on her printer/scanner/copier and you can’t tell they weren’t done by her.

If you have your family pictures done by Sears they will give you a release form and a cd so you can reprint your pictures. We just copy the release and put it in our files and they can come back as often as they want. So before you go and bash Wal-Mart on all these writings, go and try do your pictures at Walgreens or Rite-Aid, or Snyders and find out if they don’t tell you the same thing as we do. It isn’t “Wal-Marts Policy” it is the Governments and you agree to it everytime you try and do pictures on one of the kiosks.

We had one customer that sent professional pictures to us over the computer thinking that if she did it from home and paid for them online she would skirt the issue and get them. It didn’t work, we took her up to the Customer Service desk and reimbursed her money, YOU CAN’T DO PROFESSIONAL PICTURES..ITS THE LAW.

  Gravatar Valerie wrote @ October 25th, 2007 at 7:39 pm

Seriously. Define “professional.”

It is not up to the every day employee to say what is to be copied and what isn’t.

Furthermore, it really has nothing to do with being “professional” — EVERY photograph is copyrighted from the second it is captured. Just because someone has a backdrop in a studio does not make that photo any more “professional” or copyrighted than a photo of someone else’s kid at the kitchen table. Then there’s a thing about copyright expiring so it doesn’t matter if the photos were “professional” or not.

I think I’ll take me some backdrop studio portraits and see how many local Walmarts and Walgreen’s will print them for me… hmmmm.

  Gravatar Monica wrote @ October 26th, 2007 at 4:14 am

That is an excellent point, how can someone working in a photo lab, who by the way, I do not consider a professional determine whether or not something is professional. People should be allowed to sign a copyright indemnification, which by the way would release Wal-Mart from any legal responsibility. FYI: the person that signed would get the fine not Wal-Mart. I have had this problem, but ONLY at Wal-Mart. It is a bunch of underachievers that don’t understand copyright law, and certainly can’t determine a professional portrait from one done at home that are getting their power trips any way they can. Valerie, you bring up a very interesting point about copyrights expiring. How long are they good? I mean, the government makes sure that the ones on inventions run out, so they must on photos. And, why are pictures such a big deal these days? Oh, well, just food for thought.

  Gravatar Valerie wrote @ October 26th, 2007 at 9:04 am

Depends on when the photo was taken, of course, and whether or not it was officially registered with copyright (which you can bet high school photos were not).

http://www.copyright.gov/circs/circ1.html#hlc

I have a lot of family photos that, believe it or not, would be expired by now.

One also has to consider public domain. I wonder if I took a public domain photo from the D-Day Invasion during WWII, if Walmart would print it.

I agree that Walmart and other printers should have a copyright indemnification. Isn’t that the way a lot of places do things, photos or no? It’s kind of a “swim at your own risk” type of thing.

  Gravatar Colleen wrote @ November 3rd, 2007 at 5:37 pm

I have taken a part-time job as a photo specialist at Walmart while attending college full time. During my training I was told that if a photo “appears” to have been taken by a professional photographer, that I was not to print it without a copyright release. I was also told that I can be fired on the spot if I choose not to comply with this policy. I was told to use my own judgement as to whether the image was printable, and that if in doubt, I was not to print it. Walmart policy does not allow for any debate about expiration or alteration, since these are issues that are often litigated in federal cases. Walmart’s objective appears to be to avoid litigation at any cost. Now, it doesn’t take a genius to recognize a picture that is likely to be professional, but being human, there are many cases in which I can be mistaken. I serve quite a few customers who have a way with the camera, though they don’t choose to make money at it. In such cases, I ask the customer if they took the picture. If they say yes, I tell them that it is an excellent shot…so good in fact, that it looks professional, and ask if they would mind signing a release that I can put in our files so that we are protected. (Walmart does provide it’s photo centers with release forms which can be filled out by the customer or other photographer). In cases of school photos or photos which are obviously produced in a photography studio, i also offer the form, explaining what part needs to be filled out by the copyright owner. In the case of very old photos, where the studio or photographer is likely to have gone out of business many years ago, I apologize profoundly and sincerely and educate the customer about the fair use clause in the federal copyright law, which allows them to make copies for their personal use on a home scanner/printer. I explain to all customers that they can indeed make copies of their professional pictures….it’s just that Walmart is prohibited by law from making money off of them. I think it’s important to remember that people’s photos are near and dear to their hearts, and not to tell someone, “No, you can’t have that”, without providing them with an alternative. In the year that I’ve worked for Walmart, I have seen very few cases where people were completely inconsolable regarding this policy. I’m sorry that some of you have had such negative experiences in this area, and hope that you have all found a way to get your photos reproduced.

  Gravatar Jane wrote @ November 4th, 2007 at 3:14 am

Well, all I can say is I wish all employees would be this kind, . They are lucky to have you working there. I have chosen this route myself, if They give me a hard time I print them out at home. But it is still irritating when you take the picture yourself. My grand daughter just had a cheerleading picture taken at school and the coach did it with a digital in the field they practice it, its obviously not copywrited from the looks of it., shes just sitting in the grass. I am going to try walmart if not, I ‘ll do it at home, nothing on the picture has copy writed on it. and it looks like I could’ve taken it. There was no form where you could order any more either. These coaches here mostly take their own ball pictures. One of her softball coaches a couple years book took pictures of the girls during baseball season, and they WERE just beautiful and looked professionally done, he was wonderful, into photography. He gave them a collection at the end of the season, I did not even try to get those copied. TOO good. Jane

  Gravatar Laurel Frank wrote @ November 21st, 2007 at 9:09 am

Hi, I am just a person who loves to take photographs of my grandkids & family. I bought a program called Green Screen Wizard which lets you take a piece of anything green, put it behind your subjects & take their pictures. This program replaces the green with whatever background you choose. I have also purchased cds with background images on them. But I also have Paint Shop Pro & did practically the same thing (a little harder to do), took a picture of my grandson taken Halloween night & made a really cool picture of him with various different backgrounds. I then uploaded them to Clarkcolor & had no problem getting them printed for me. I don’t use Wal-Mart because they use Fuji paper & I sometimes like to enter contests in the Parade Magazine & they only accept Kodak paper. I could of swore I read or heard somewhere that when the copyright law was inforced that it didn’t pertain to photos from years before. If I have a school picture or studio picture that I need a copy of, I just scan it myself & print it out. Sometimes they don’t look good so I just toss those. In the future I will upload the original picture with my modified one, that should be proof enough. But like I said, Clarkcolor gave me no trouble in printing it for me. By the way, they only charge about 8 or 9 cents per print if you buy the 400 print package for about $35 or so. Your first 25 are free. That price is for the 4 x 6 size. If you do start using Clarkcolor please feel free to say Laurel Frank told you about it. You can fix your pictures on their website before you submit them for printing. Fix redeye, lighting, cropping, etc.

  Gravatar jason wrote @ November 28th, 2007 at 2:19 pm

Perhaps the law can be enforced to the fullest extent, requiring all film brought to any photo center to be accompanied by copywright ownership proof. Places like Wal-Mart are assuming that if its not professional looking, then in all likelihood, its yours. Because if it was taken by a professional, why would they develop it there? Places like Wal-Mart are also assuming, that if its a less than professional looking photo, that the person who took it, probably doesn’t care for it enough to pursue any legal stuff. This is all based off of the quality of the print. But what if the photographer later decides that the content of the print is valuable enough to persure legal ramifications for the photo development place?
The point here, is that places like Wal-Mart are businesses, that know that if they enforce the law to its fullest extent, by requiring copywright papers everytime, they will be out of business in that sector. The “within reason of the law” allows for businesses to compete at their own risk. Unfortunately the half-assed enforcement of the law, leaves a huge window for disgruntled customers, because they interpret a loose interpretation of the law as a power trip. NOT following the law, and going around like a maverick is having a power trip. Why can’t people understand that? When you think you are above the rules and laws, you are having a power trip. Not when you follow the rules and laws. Complaining isn’t going to make the law go away, but it could standardize a more stricter interpretation of the law, and perhaps someday the copywright offices will just have to work faster in processing your copywright applications, or people will get more creative in providing proof.

  Gravatar Colleen wrote @ December 7th, 2007 at 3:08 pm

Jason, you made some very good points. In addition, we could all stand to remind ourselves that if we have complaints concerning laws, we can address them to those who have the power to make changes, i.e. our congressmen. :)

  Gravatar Jayna wrote @ January 14th, 2008 at 10:35 am

Hello!
I am wondering if anyone has some light they can shed on a situation I encountered with walmart last month??
I had my wedding photos done almost ten years ago by a family friend instead of a “professional” to save money. It turned out I had two good photos of my husband and I in the church, that could be enlarged. Therefore, saving money to go the cheap way out was not worth it. I came across one of the photos and decided to have wal-mart enlarge it, and add some special effects. I dropped off the photo the day before christmas eve morning to the one hour photo lab, and came back that evening to pick it up. When I arrived at the lab the associate told me she could not find my photo, and I would have to come back the following day to pick it up after she spoke with whomever processed my picture to find where it had been placed. The following day I made another trip into walmart and the associate I had left my “only picture and negative” with says she has checked the trash and the entire lab and the picture is not there. She assured me someone would call me if it was found, and that after the busy holidays it could come up. My photo has not came up, it is the middle of january, and I have no other print of this wedding photo of mine. I was given a name and number of a manager, and was told to contact her to let her know what it is they can do for me. My respone was, I just want my picture back. How do you put a value on a wedding photo?? Has anyone been in this situation??

  Gravatar Jane Boucher wrote @ January 14th, 2008 at 4:10 pm

This is a caution to folks, photo shops , all of them do lose photos. so Make a copy of some sort before trusting a valuable one to a photo place, haven’t you ever brought home photos that didn’t belong to you, I have at walmart and returned them. Not just at walmart but other places over the years. and once at the photo shop in Walmart, I had my grand daughters pictures taken, xmas pictures, and when they came back they were of a completely different family and they had lost ours and since they found the correct picture, they would not have them redone for over 6 weeks, we finally received them the middle of Jan. XMAS PICTURES. I went in Nov to get the pictures back in time , We barely received a apology for this mixup. I wish you luck in retrieving this picture. IT may turn up. Jane

  Gravatar valerie wrote @ January 14th, 2008 at 5:14 pm

Jayna, the same thing basically happened to me. A friend did our wedding photos and gave us the negatives. I ordered several including a particular one in an 8×10. It came back and it was messed up. They sent it out a second time, it came back messed up. The third time it came back and it was fine but when the associate pulled it from the envelope it was stuck to that and ripped. By this time, of course, I’m very frustrated but it went out again (I think after all the trouble they were going to do it for free and then my choices were limited to Walmart for this). After this, it never returned. I got an apology and a free roll of film developing. Yay. (Note the sarcasm.) However, I think I was luckier than you in that my friend had developed the photos originally in one hour so I had that single 4×6 from there.

I’m sorry you’re going through this and it really does suck. They may not find it but I hope they do. I would suggest you bug them constantly about it. I would worry if it would be found that someone may not be responsible enough to call you and things left there after something like 30 days are discarded. Make sure you talk to managers, too.

Good luck, I hope it’s found soon!

  Gravatar Bill D wrote @ January 14th, 2008 at 8:00 pm

I work as the Wal-Mart Photo Lab Manager, and when people bring their pictures in WE DO NOT take them from them unless they are sending them out to be done by Fuji. We would of helped you copy it on either our 1 hour photo scanner where it would of come out Matte finish or on the Kodak machine that would come out Gloss, but in any event you would of still had your photo when you left the store. We will help the customer all we can, but we do not take your photos and make them..you could also go to http://www.walmart.com on your puter and have the photo sent in to be made and still have your original at home. The only time we have lost pictures is if they get sent to the wrong store by fuji.

  Gravatar Bill D wrote @ January 14th, 2008 at 8:03 pm

On orders that aren’t picked up in our store, we call the person after 7 days, then 14 days, then 1 month, then 2 months, if the pictures are still not picked up they are sent back to fuji if they came from them or if we did them in one hour they will be tossed out. The ones sent back to Fuji, get called one more time before Fuji gives our store a credit on them.

  Gravatar Jayna wrote @ January 16th, 2008 at 3:38 am

I really hope if someone does have my picture by mistake they will return it. And yes, I was told by an another associate that the employee who took my photo was not suposed to take the original and negative. Too bad I did not know that, then I would have my original.
Thank You for all your support & advice!!

  Gravatar Les wrote @ January 16th, 2008 at 6:35 pm

Ok, first I feel that everyone should be able to make copies of pictures and portraits they purchased. However, the law says differently . If you have read the copyright laws you would wonder what is or is not covered. I don’t claim to be an expert thats for sure. I did not study law, I do know that the people in labs are not to blame for you not being able to copy your pictures. And yes most of the mail order processors will do you pictures and it is your choice to use and do so. I would recommend though that you understand any penalties that can be filed against the company, employee of the company, and even you yourself . I do not however condone rude behavior by anyone toward me. However, if somone tells me they can not I simply say ok and leave. It is not the fault of the person behind the counter that you do not get a picture. If you feel the copyright laws are not right do as I did and write your congressmen. I saw a lady throw her pictures in the face of an employee once and it cut her eye. Is it no wonder that this person may now not be as friendly for having to follow a law or policy. How many of you throwing your stones dealt with an angry public. Simply find a different way to do your photos. Most home scanners scan wonderful. When printing at home make sure you tell your printer its to be photo quality under the printers program and use a good weight paper. Not here to take sides just here to say treat people as you would like to be treated.

  Gravatar Jane wrote @ January 17th, 2008 at 5:54 am

Les, you are so right, it is not the fault of the people who work and are doing their job, I would never treat them badly. But it is the law that makes them guess if a photo is copywrited. Its this guessing process that gets to me. With digital photos its impossible for regular employees to Guess. SO if I can’t do it at walmart, I go to CVS or most likely print them out on my printer at home. Mostly if they look professional I will do them myself. especially older photos, pre 1940. It gets me going if I take a picture myself against a wall or something and take it there to be copied and told its copywrited. It just makes me think less of this process of Guesswork. It makes employees look dumb to me. Jane

  Gravatar Les wrote @ February 19th, 2008 at 5:57 pm

Here is what I do in your case of guess work . I find that if you take your card and camera and show the file number sequence falls in line with the pics on your card then my lab lets me print my pics. I do take Semi professional pics for high school seniors and have done weddings in the past. Best way to eliminate that problem is keep using the same store so the employees can get to know you. I found that works best as they get to know you then you shouldn’t have problems. As the past camera season saw automated ISO selections F stops setting automatically it is going to make the industry address the copyright issues it presents. You may try using a mail order company , well internet site now , they tend to print whatever you send them and it only takes a few days to get. If you don’t like using a credit card to place the order . Walmarts out lab is Fuji just choose 2 day or home delivery if it wants u to pay in advance gift cards work on online orders. Agree the guess work does make it hard on the consumer. Again do as I have and let the home office of a company know the policy is to stringent. Not necessarily going to get anywhere which is why I also write my congressman. Happy Photo Taking, Les

  Gravatar DKir wrote @ June 2nd, 2008 at 9:14 pm

I’ve worked in the photo lab for one week and surfed the web to see if I could find any information to get me more prepared for the job (help customers make more informed decisions when buying cameras and such). This is the kind of stuff I keep coming across and wow, I’ve never been so offended in my life after reading all of these comments.

Let’s see, the people who have commented on here have posted rude comments about my integrity, my professional work ethics, and my life in general. In fact, a lot of you are posting like you are rich snobs and I’m pretty sure that the majority of people that made comments about how much we make are working minimum wage yourselves (or not working at all)!

First of all, I did not start at minimum wage. Therefor, referring to me (or any other photo lab “technician”) as a minimum wage employee would be an irrelevant argument. Secondly, none of us have ever referred to ourselves as “professionals” anyway. Only Walmart refers to us as professionals (as Subway refers to their employee’s as “artists”).

Next, to take your anger out on the employee’s is uncalled for. A lot of you are calling us rude because let’s face it, You didn’t get your way. That’s not to say that I don’t think that you shouldn’t be able to print your personal photos because they look professional, because I do think that you should be able to. However, like any other employee, we have a job and we have strict rules to follow to avoid termination. Has it ever crossed your minds that some of us might have families to feed? Would you risk your job for me? Would you break a rule that could involve termination so that I’m happy? How would you explain that to your family? We have rules to follow. We don’t make the law and we certainly don’t make the company’s policy.

For those of you saying that we are the ones that are unaware of the law, excuse me? We have to read the law every single day. The damn thing is usually posted right in front of us on every station that we work at. We know the law. Not only do we risk termination, but we risk getting a huge fine if we print anything professional. NOT the company. The employee that prints off the copyrighted pictures gets the fine as well as the customer. So, on top of losing my job for you, I’d have to pay a HUGE fine if it turned out that your photos were copyrighted and how the hell am I going to pay for that fine if I DON’T HAVE A JOB because I decided to break the rules for ONE customer that I felt a little sympathy for?

STOP taking your anger out on the employee’s and start writing letters to your congressmen about the strict copyright laws that prevent you from getting copies of your family photos (like the guy above stated).

Oh, and I really don’t appreciate how so many people call Walmart employee’s idiots. We’re just doing our job like everyone else in this world. In fact, most of the employee’s are very knowledgeable. Otherwise, how the hell would we be able to answer your questions about certain products if we didn’t know a damn thing? You guys come up to us and ask, “which camera would be best to record my childrens soccer game?”. We take you over to a camera that would capture your childrens soccer game the best. You ask anyone in electronics anything about HDTV and they’ll give you an educated answer. We’re not taught this stuff. We’re expected to KNOW about this stuff and guess what? Most of us DO know what we’re talking about. So, yes, I guess that makes us pretty fucking stupid doesn’t it?

Oh, and by the way, I can write in the angry tone that I’m writing in right now, because I’m not speaking on behalf of Walmart. I am not on the clock. I am speaking as an INDIVIDUAL who has been called EVERY NAME IN THE FUCKING BOOK BY YOU STUPID FUCKING CUSTOMERS who don’t know SHIT about our job and speak as if they know EVERYTHING about what we do.

One more thing for those of you who DON’T work in a photo center (those of you who do know what I’m talking about, because most of us has had atleast one experience). You think our job is so fucking easy? Try looking at photos that can only be described as classified (anything from nudity to crime scene photo’s to seeing your buddies in ways that you never thought of them). That’s right. Every photo that gets developed, we have to look at. EVERY photo. Luckely, we’re held to confidentiality laws, so we can’t go around talking about your most disgusting photo’s. Not even to our family and friends. So, basically, we have to live with disturbing photo’s in our head for the rest of our lifes. Things that make you want to gouge your eyes out.

  Gravatar valerie wrote @ June 3rd, 2008 at 7:05 am

@DKir

Fair enough. (To some degree.)

Now, define “professional.”

Define “copyrighted photos.”

And, just FYI, don’t use an apostrophe for plural words, it’s “photos,” not “photo’s.”

  Gravatar valerie wrote @ June 3rd, 2008 at 7:09 am

Oh, another thing. My sister is getting married this month. Because I’m in the wedding, I can’t do the photography (like I did for my brother), so I hunted around to find someone online who will do it and give us the original digital files. I found someone and she is going to give them to me raw, no processing. I’m to handle any processing and printing of the images. I will not be using Walmart. We’ll see how this goes.

  Gravatar tifftastic wrote @ July 7th, 2008 at 7:06 pm

Kind of an old thread but WOW! I don’t understand how someone can in the same post, call Wal-Mart associates rude, AND complain that they’re non-professional, minimum wage, power-hungry idiots. Kind of contradictive, much? I work at a Wal-Mart photo lab and get yelled at, cussed out, and complained to about this all the time. I don’t get to make the policy. I don’t get off on the power of telling 80 year old Martha, who bakes for the homeless, that she can’t have a copy of her dead son’s school photo.

As for the definition of “professional”, I think of this definition: “Engaging in a given activity as a source of livelihood or as a career”. We have some professional photographers who develop their photos through us. They are super nice!! When someone asks me to sell them a “professional” (looking or marked) photo, I always think of it as stealing from a photographer just like them if I do.

I have never made minimum wage and am offended that someone would assume I do. As for being an idiot, I am only working at Wal-Mart as a temporary job while I finish college. I am studying computer programming and upper math. Also, I have to agree with DKir about not being taught, just being expected to know answers. They throw a few basic, trivial training screens at you and then throw you out there. And I agree that MOST of the associates do actually know what they’re talking about.

I’d be REALLY REALLY interested to know what “profession” some of the above people complaining have.

A lot of people act as if I’m forcing them to use our services. I think Valerie is taking the right actions. She was unsatisfied with Wal-Mart so she is choosing a different store. That’s her right as a customer. If only more people would realize that then they might not be as angry.

  Gravatar mommyslittlgirl wrote @ September 8th, 2008 at 7:52 am

As much as I am not one to defend Walmart in any way (no offense, but long story), they did the right thing by not printing any professional pictures. It is the photographer’s fault for not providing a letter of consent….that is standard. Speaking as the owner of a professional portrait studio, it is too easy these days to take a picture, scan it or whatever and then have additional prints made. How do you think it feels for us to have someone pay say $20 for just one picture, then run off and get $100s of dollars worth printed somewhere else? We have done all the work and now you are taking food out of our children’s mouths by doing that.
It can be a fine line to be able to tell of a photo is taken by a professional or not. I personally digitally copyright each and every one of our pictures.
Let’s put it another way…we go to a school for grad pictures….students pay a sitting fee of $25.00 which allows them 4×6 proofs to choose their order. If photo labs do not follow the law, what is stopping these people from just taking their proofs, scanning them and printing from there?

  Gravatar valerie wrote @ September 8th, 2008 at 8:46 am

I shot a wedding two weekends ago and gave the bride CDs of the originals along with a letter stating she could copy them and a filled-out Walmart brochure, stating she could copy them. After seeing the brochure, it’s actually kind of funny, I guess, because it would be SO easy for someone to easily fake that, forge a signature, fake the info, and have “permission” from Walmart to copy.

It’s all really a no-win situation for anyone.

  Gravatar Kristen wrote @ November 7th, 2008 at 4:05 pm

Why would you want to print professional prints at Walmart? If you’re going through the trouble to hire a pro you should use professional print shops. Walmart is for point and shoot not quality files.

  Gravatar Leroy Livesay wrote @ November 10th, 2008 at 12:25 pm

Kristen, I don’t know where you get off saying that WalMart is not for quality files or pictures. I am not a professional photographer, but I have taken pictures at weddings that the people told me were better than those taken by their high-priced “Professional”. I have lots of pictures of politicians, including one that an 11″X14″ of hung behind the U.S.Congressman’s desk all the time he was in Congress. I also have hundreds of pictures of musicians, including most of the Bob Wills Texas Playboys, which are as good as any professional pictures taken by anyone. I have over a dozen high-quality cameras and ALL OF MY WORK IS DONE AT WALMART. Occasionally they do a not-so-good job, but they will do it over at no cost. I have two rolls to put in now, and that is where they will be done. I have never had a problem with them.

  Gravatar dan wrote @ November 24th, 2008 at 6:31 pm

A couple years ago Walmart refused to print pictures I took of a friends son for graduation. At first I was iritated and jumped all over them. The manager said please think of this as a compliment, your pictures look very professional. All I had to do was come in and sign a release. I did and there was no problem. I did take it as a compliment and now sign a release in advance. They did a very good job.

  Gravatar Pam wrote @ December 30th, 2008 at 8:11 am

A couple of weeks ago I went to Walmart to make a copy of a picture of my daughter with Santa Claus. They told me that they will not copy ANY photos that have Santa Claus in them. This picture was taken in 1984 when my daughter was three years old. It was a POLAROID and had the date stamped on it! I argued and argued and finally the manager let me make the copy. My argument was to her that if there is no copyright on the photo then there is no legal right for them to refuse to let me copy it. She finally relented. This is just ridiculous. My daughter took some photos in that my son-in-law took of my grandson at the beach this year. The film was developed at Walmart!!! They told her she could not have the copies because they looked professional!!! Then the little photo guy looked at her and smiled and told her in a sarcastic voice that he was shredding them as they spoke. This is what we are talking about at Walmart – not copyrighted pictures.

  Gravatar valerie wrote @ December 30th, 2008 at 10:55 am

Pam, to be fair, every photograph is copyrighted in some way, but you are right, your Walmart is being incredibly unfair about all of it.
I am horrified that they didn’t give your daughter the opportunity to sign a release to say she’s the copyright holder and just shredded the photos right then and there. If I were you, I’d tell her to go back there and demand to speak to a manager. The general manager if need be. Tell him/her that she was denied opportunity to prove they were her photos and that they were destroyed right in front of her and that she demands they be reprinted… for free.

It’s also absolutely ridiculous that they claim they will not copy any photos whatsoever with a Santa Claus in them. That’s absolute bull and their way of trying to not have to deal with the issue. Sure, there are some people who will try to copy photos that were taken by the mall but how many more just have photos of their grandfather dressed up as Mr. Claus? I know we do!

  Gravatar Anna wrote @ January 2nd, 2009 at 4:43 pm

This is ridiculous that you are all talking about this issue for some time now. Wal-Mart’s policy is what it is. Now calm down, and go somewhere else. Not everyone needs their photos in One Hour… you just are getting greedy!

  Gravatar valerie wrote @ January 3rd, 2009 at 6:44 pm

@Anna. Are you kidding me? Greedy? How is any of the discussion here about greed? Just because someone might want photos in an hour, that’s greedy? Hmmm… let’s see. If I have to ever get prints made off of my old negatives you can bet I’m going to have them done in an hour to reduce the very real chance that that negative will be lost forever. Oh, yeah, Walmart has done it to me before in send off! That is not greedy, that’s protecting my personal property.
Furthermore, I don’t believe that this discussion is ridiculous despite it being two years old. It’s age doesn’t change the fact that Walmart’s policy is wrong, whether “it is what it is,” doesn’t mean they’re right.

  Gravatar Eldin wrote @ February 18th, 2009 at 8:49 am

Why do Professional Studios give out customers CD’s with their prints on them? When they do this, customers will obviously just go to one of those photo labs and try to print them. And of course the Photo Lab is correct by not printing the pictures that “appear to look professional”.

The only reason I think these Studios give out CD’s is so that if the customer wants to come back and order some more pictures it would be easier to print them from the CD, then it would to dig for them somewhere on a hard drive or some other type of backup device. Rather than the business going to the hassle of saving everyone’s work, makes sense for them to give the customer a CD and say come back with this for prints..

I agree with the Photo labs for not printing pictures that appear professional. Not all photographers go to the trouble to save some copyright notice printed on the back so duplicates cant’ be made. They feel since businesses like Walmart, Walgreens will follow the law; they don’t need to go through the trouble of stamping it with some disclosure on the back.

Those Santa pictures are indeed professional. There is a PAID-photographer there taking the pictures and when your done with your precious child’s pictures instead of paying the money for extra copies, you usually print like one and say, “I’ll just go to CVS and make extras”. Sorry you CANT!!!

Walmart, Walgreens and others in fact do regulate the machines that print the pictures and refused ANYTHING that is against their policy. It’s your problem as the customer to obey their rules, if you don’t like, TOUGH. It’s absolutely is in most cases is a judgment call when pictures appear professional and the worker tells you NO. Sorry

  Gravatar Doug K wrote @ February 21st, 2009 at 9:29 am

Hi Nathan… as this thread is nearly 3 years old, I’m sure you have solved all your problems by now. But since I didn’t see much input from professional photographers I thought I would drop 2 cents for those still reading this page.

I have the same issues you do getting my own prints printed. I have to issue a release form to the printing house with every order. See the issue isn’t whether the photographer gave you the digital files, it’s a question of who owns the copyright. Traditionally, photographers maintain their copyright “ownership” of the images, but give you copies of the digital files, and a signed release form giving you the right to make reprints under certain restrictions — maybe a one time reprint, etc..

So if a photographer ever tells you that after the photo shoot you will “own” the digital files, then you need to have wording in the contract which transfers full copyright and ownership to you (eg. a “work for hire” type contract), then you can sign your own release forms as owner/photographer, and you have the legal documentation to back you up if the photographer tried to contest your rights. In fact, you could sue the photographer if you caught him publishing your images in marketing materials, selling them to magazines, or publishing on a website.

Finally, if you have wedding photos or whatever that are 10 years old, were taken 5 states away, and you truly don’t know how to contact the photographer, then just print your own release form and list your name as Nathan Gibbs DBA Jones Photography, and sign it as the photographer.

Walmart or Walgreens isn’t going to launch a manhunt, they are simply covering their ARSes from lawsuit… If this photographer were to surface from the abyss and discover that you had prints made at Walgreen’s in Smalltown USA, and try to sue them, the liability would be diverted to you for forging a release form. (This applies to the lady reprinting photos from the 1960s of her dead grandmother).

  Gravatar JHorton wrote @ May 15th, 2009 at 10:57 am

I’ve read posts on here where some Wal-Mart employees stated that their jobs are to “inforce”, (I’m pretty sure they meant “enforce”), the Law. Really? By what Local, Regional, State, or Federal authority are they operating under? Yes, they may be COMPLYING or ABIDING by a Law, but by no means are they ENFORCING any type of governed LAW. There are policies, regulations, and protocols that their agency may require them to comply with, as well as all applicable laws, but in no way are they ENFORCING THE LAW, regardless of how important that they may think and proclaim they are. The only exception to this would be if they were, in fact, a licensed Peace Officer acting within his/her authority and jurisdiction. The majority of the Wal-Mart employees that have posted here seem to have an “air” about them, hinting that they are Super Crime-Fighters, (Wonder Wallies), constantly battling with persons intent on committing evil crimes against humanity by doing the unspeakable act of having that old 1930 portrait of dear Ol’ Granny reproduced. I’ve had two experiences with these types of employees at the Marble Falls, Texas, Wal-Mart, regarding their “interpretations” of my photos, (that I took with my Nikon), being that they were “professional.” Gee, thanks for the compliment! Both instances resulted in them refusing to give me custody of MY photographs. I was not given the option of a “waiver” form in either case. When I went to pay for the enlargements of MY photos and the women behind the counter saw the photos, they instantly “puffed-up with importance,” and, yes, RUDELY demanded to know and see the CD from where I had downloaded my photographs. I did notice where one of the above posters, (Colleen – Nov. 3, 2007), had a very civil, courteous response to the subject. In no way am I categorizing her with the majority of these Wal-Mart Photo employees. With her intelligent and understanding attitude, she is probably a Regional Manager or higher by now. (The majority of the Wal-Mart employee posters were indeed rude, with one even using some pretty colorful words, which only highlights and substantiates proof of their common negative attitudes towards customers.) I realize that the Piracy Laws are in place for a very good reason and I wholeheartedly agree and abide by them. But for a Wal-Mart employee to ASSUME that I am a liar and a criminal and professing to be an “enforcer of the Law” is a load of bull. It’s not really so much of their abiding by the law, as it is their demeanor towards me. Everyone out there has been wrongfully accused of something before. When you’re wrong you know it and when you’re right you know it, too. And for them to have a “sense of glee and satisfaction” from destroying your rightful property is wrong. Wal-Mart needs to do some serious “house cleaning” with their employees and focus on Customer Service for a change.

  Gravatar valerie wrote @ May 15th, 2009 at 9:40 pm

here, here.

it all really needs an overhaul. Recently, someone I don’t know or authorize took in a digital image of mine – an engagement shot of my sister-in-law and now brother-in-law, and printed it into an 8×10. Apparently the Walmart employees tried to stop him from obtaining the photo (a compliment to myself of course) but he simply lied and stated that he was the photographer and they let him have it.

Yeah, the whole thing is just full of holes…

  Gravatar Jen wrote @ June 25th, 2009 at 6:19 pm

Hello all.

I realize that the age of this post may mean that no one will read my comment, but I wanted to add my thoughts on the matter. I am a dept. manager for a Wal-Mart Photo Center and I am also an amateur photographer. I have been treated both rudely and politely by associates over their copyright policy. I fully understand their job because I am one of them. I however know the correct way that copyright situations are suppose to be handled. I was lucky enough to have a trainer who had found a way that worked well with dealing with works that appeared professional. The way that the photo techs should approach the issue would be by making a simple statement and asking a simple question. “These are really great looking photos, may I ask who took these?” Yes it sounds corny, but most of the time it works well. If the customer says that they took the photos then you are suppose to say something along the lines of, “They look really great. Could I possibly get you to fill out a copyright release form? It is basically saying that you are the person who took the photos and that you are allowing us to reproduce the images.” Some people also tell the customer that it is also taking all legal reliability off of the company. It depends on the associate. I have had people cuss at me, throw pictures at me, cry, threaten me, and of course some that handle it really well and say they did not know or that they will try and get ahold of the photographer. I completely understand the anger and frustration over associates who do not handle the situation correctly. And yes Valerie, the whole thing is full of holes. Unless the image is stamped with a well known company name, such as Olan Mills, a customer can lie and say that they took the image. I can not and I will not call them a liar, whether that is what I am thinking or not. I have had a customer say that she took the picture of her at the alter of her own wedding. While in my head I was thinking “sure you did”, I could not say that to her. I could only have her fill out a form saying that she is the one that took the image. I also agree that it may not be the best practice for the associate’s opinion to be the sole basis on what appears professional, but with very few companies putting stamps on their images anymore it leaves little else. For instance, I had pictures taken at Sears and they gave me an image cd. I also had the free pictures that came with it printed at their studio. They were printed on an inkjet with photo quality paper in it. They did not even use the paper that some use that say “copyright, do no copy” on the back. It was normal paper. While most of them were obviously studio shots, there was one that was extremely iffy as to its origins. There was no stamp and no other identifying mark, so all the associate could do was use their judgement. We always offer the customer the choice of us holding on to the copies that they made for 60 days to see if they can get a release. We also will give our fax number if they would like to see if their photographer can fax something over. I have had a studio chew me out over not being able to take their word over the phone that they give permission. I have also had some appologize and say that they forgot to give the customer the release. We also have studios like Sears that put the release as a text file on their cds. We simply put the cd in our computer and print the text file out. The lab should not have required proof that you are the photographer. What is proof? I could scan in any image and put it on my compact flash and take it in to print. I could also make a fake business card or letter head if I needed to. All the lab is allowed to do is ask who took the picture. If the customer says that they did, then they fill out a release and the lab will no longer be held liable. If they said that any one else took the image, then we would need something from the person saying that they give the customer permission to reproduce the image. I have had customers go out to their car and write something up with a phone number on it and bring it back in and say that they got the release. Yet again, I can not call them a liar so I must take it at face value. For those of you that were treated rudely, a simple call to 1-800- walmart would have had the situation looked at a lot more in depth. It is counted as a letter to the president in most companies and management has to talk to the associate, their direct manager, and any one else involved to get the other side of the story. Then either the manager calls the customer or home office calls the customer and will respond accordingly.

I apologize for the previous “paragraph” not having a lot of structure. I tend to jump around in my thoughts. Needless to say, for those of you that were treated rudely, that is not even close to how the situation should have been handled.

There really isn’t all that much that can be done in protecting the photographer’s rights to an image in this day and age. What little can be done is being done in photo labs, though not well in some. If you are treated rudely, ask to speak to a manager. If you still feel like your issue is not resolved and you feel as though it will not be resolved, then find a different processing lab. I work for the company and I will not go to certain stores due to their associate’s attitudes. It is really very random as to whether you will get a polite associate or a not so polite associate. The same thing goes for any profession. Does it make it right to be treated poorly? No it does not, but it can happen anywhere. Sometimes the associate is completely in the wrong and action should be taken to fix the issue. Sometimes the customer is angry about not being able to come in and do what they want and they view the associate as rude. Photo techs are following company policy by asking who took the photos, after that some apparently deviate. The best way to have a manager speak to you without the associate getting involved with the manager first, is to go to customer service and ask to speak to one. This way the tech will not give their view first. It will generally push the manager towards their response prematurely. Most employees will listen to (and believe) a fellow employee first before listening to the “complainer”.

  Gravatar Dominic wrote @ July 28th, 2009 at 6:48 am

In my case Walmart did not reproduce the pictures I took. I reproduced them it the quickie machine. They just refused to give them to me. They are my pictures, wether or not Walmart charges me for them is theit perogotive. But the pictures are mine.

  Gravatar Really? wrote @ July 29th, 2009 at 9:42 pm

“wether or not Walmart charges me for them is theit perogotive. But the pictures are mine.”
Really Dominic? That’s like saying, ” I pumped my own gas at the machine. Whether or not 7-11 charges me for it is their perogative. But the gas is still mine.”
Until you pay for the paper and ink, the picture is not yours. It is WalMart’s. Regardless if the image on it was taken by you. And, if you decide to take it because it is “yours”, that is still stealing.
If the tides were turned and you were the associate, would you honestly be willing to risk your job and getting a $10,000 fine all so the person screaming at you across the counter could have their .28 picture?

  Gravatar do unto others wrote @ September 1st, 2009 at 12:37 pm

Wal-mart does have you bring in a release or sign a paper ,give adress and put down your licence number if you want to take the rap if they are investigated.I have worked in a Walmart photo lab for 5 years.I am leaving as I am on my 2 weeks.It was very hard work and sometimes your alone.Being 61 and back problems not fun.I liked my job and all the people I helped.I laughed and cried with some,hated saying you can’t your pictures, but it is the law and was my job.I was called names by young people, picures even thrown at me and the best was a woman who kept banging her carraige into my back and swearing at me.The manager escorted her out the store and banded her 1 year.I felt bad for her more then me.So sad with all the other things going on in this world.Good luck.Sorry for the mistakes in spelling, I am not feeling well.

  Gravatar Assoc._in_FL wrote @ December 5th, 2009 at 5:53 pm

Very interesting thread. All we are doing is trying to keep our jobs. I appreciate some of the suggestions about what questions to ask pertaining to pictures. If the people in the photo appear “posed” and there is a backdrop, we can’t print it without permission. Either get permission or fill out a release if you took the pictures. How hard is that? And to the guy who just wants to walk away without paying, be my guest. You stealing isn’t any skin off my back. As for the stories of people throwing pictures, I can attest that it’s true. A “gentleman” threw pictures at my assistant manager a few months back; yes, it was over the copyright policy, and she called 911 and pressed assault charges. When we have to put up with that type of abuse from animals like that, it’s hard to keep smiling.

However, if the photo is very old, we usually print it regardless. I enjoy old pictures/portraits :)

Most of us are not idiots, many of us have college degrees. And Walmart does pay more than five dollars an hour, lol. Thank God this job is temporary. We get looked down on every day, although there are many great customers who realize we are peers that deserve respect. You wouldn’t believe the idiocy we encounter on a daily basis, though. Always good for a laugh. Thank God for the customers who brighten my day and make things better for the next ones. Ripples on a pond….:)

  Gravatar stacey wrote @ January 15th, 2010 at 2:05 pm

I love to take photo as a hobby… in the film days, Walmart told me my photo looked too professional, so i gave them my negative…. but today, my cousin called me and said, i need to go with her to walmart because they won’t let her print her pictures that i took with my digital camera (just a XSI)… so now i have no negative to prove that it was me who took the picture, so this is how i found this site… found some helpful info, i didn’t know that there’s a release paper that we had to sign, even when we are not professional…. so with the forms that I printed, i hope it will be a better experience tonight in getting her pictures from Walmart.

  Gravatar DOUNTOOTHERS wrote @ March 3rd, 2010 at 10:33 pm

I worked at a photo lab for 4 years.Last September I retired.I liked my job because of the custumers.I made only 12.97 but that was fine.The thing I hated was telling people they couldnt print pictures that looked pro.I understood the fact that the copy righted ones could not be.Sometimes on the Kodak machine people would steal or copy a pictue that they copyed on thier home printers from a copyrighted picture and we knew it.They would say that it wasnt,it was thiers.Yes, one bad apple spoils it for everyone.I got spit on,sworn at and given the finger.I saw it all.I am a 62 year old lady.It seems the high class or they thought they were did it the most.Anyhow rules are rules and that is why we had to follow Wal-marts rules.I am glad I dont deal with that anymore.Now I just care for my sister who has terminal cancer.That is something that means something important,not fighting over a pictue .

  Gravatar Jane wrote @ March 4th, 2010 at 3:28 am

WELL, this may be true, but I can tell you, I have tried to copy pictures that were not copywrited and run into problems. One picture we took in front of the wall of my grand daughter dressed up for her quinceanera, and no way would they print those. This is very frustrating, CVS did print them. One my grand daughters picture a friend took of her in front of her high school, she messed around with it on the computer and made it half white and half colored, wal mart would not let me print it out. They finally did when I said I’d bring in the origional from her cell phone. What really irks me is old photo’s, LIKE MY gr grandfather from the civil war, I print these out on my home printer. its easier to do than argue with walmart. I have many pics over a hundred years old, its pretty hard to get releases on these. Jane

  Gravatar DOUNTOOTHERS wrote @ March 4th, 2010 at 6:06 am

I am with you Jane.I went to the store and asked about the old antique pictures and how the copyright could be found.They didnt have copyrights a hundred years ago.I guess its a catch -22 Wal-mart has gotten sued for printing pictuers that had a copyright on them.One guy came into our place and wanted to know why we printed out pictuers that a customer came in with.He was testing us by sending this guy in to try and print these pictures,he said he would sue.We dont know who excepted them but in Wal-mart fassion we were all questioned and put on warning.Believe me,many nights I went home thinking that I would be fired.I worked with a woman who was a photographer.She made most of the decission on pro pictures.Was she wrong sometime, ? YES.I went to a wedding watched the brides aunt take the pictures .She bought a very expensive camera and took lessons,not a pro.The bride came in this other employee said No,these are pros, I said no she argued with me.I told the bride to call Wal-mart president or write a letter.She did and she got to print pictuers for free as many as she wanted.I was happy to take this other woman off her high horse.
As you see some places turn a blind eye like CVS, but they could loose thier jobs and the store could.There is a copyright law to protect the photographer,thats so they can charge thier prices or buy an outright CD for from them for 100 to 200 outright.They make money and you have the proof.
God bless you.

  Gravatar Valerie wrote @ March 4th, 2010 at 7:56 am

Jane, if the pictures are over 100 years old, there is probably a 99% chance there is no remaining copyright on them and that they have entered the public domain.

If anyone is having trouble printing photos, check out winkflash.com. I use them for all of my printing unless I’m in a bind and have to have them now. No, I am not stealing anyone’s photos, I AM the photographer. And since I am doing more photography for people here lately, I am also giving them a CD of the original pictures and then a printed and signed paper that says I took the photos but I am authorizing this person and this person, etc., to make as many copies as they want. So far, no problems.

But, and I think I’ve said this here before, it really is pointless. I did engagement pictures for my sister-in-law. One of her friends went in to Walmart and made an 8×10 of one of my photos, they gave him a bit of trouble, he lied and said he took the photo and they let him have it. I mean, really, the policy is full of holes.

And on the other end of that, one of my friends did work as a pro photographer but she doesn’t currently. She did senior pictures for her daughter and they ordered a bunch of them through Walmart. When her daughter went in to pick them up she was told, “you can’t have them” she said her mom took them (and had placed the initial order) and they wouldn’t capitulate. So she said, look, I can go get my mom and she’ll come in here. She was then told, “nope, we already ripped them up and threw them away.” The woman treated her with utter disregard and disrespect. Her mom went in there and told her “look, I would have come in or signed something,” etc., and now Walmart has lost many more customers for life. The family printed them at Walgreens.

Really, I don’t see why Walmart can’t have everyone who orders photos through them sign a release that if they are found to be copying illegal that THEY are responsible and Walmart is released of liability. I mean, if someone were copying my stuff without permission I’d be going after that person and not their copy machine, which is all Walmart is in this case. Logically, it’s ridiculous to go after Walmart about it because how can they know who’s lying and who isn’t? They can’t.

  Gravatar DOUNTOOTHERS wrote @ March 4th, 2010 at 8:05 am

T HEY DO HAVE THAT OPTION BUT NOT ALL OF THE MANAGERS WILL LET THEM USE THEM.When I worked there I did do that but they were so paranoid they said no more.Its a shame but we did try and protect the profesional photographers and thier lively hood so we lost .

  Gravatar melissa wrote @ July 25th, 2010 at 12:06 pm

Do you know customers don’t need copyright release form for professional pictures?

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