Can you, without a shadow of doubt, tell which of these photos are taken by a professional photographer? The answer is near the middle of the page, but please don't cheat.
Recently I had a confrontation with the photolab manager, cashier, and department manager over whether or not I could purchase copies of some photos because the cashier "thought" they looked professional. After 20 minutes of heated debate on my part the Walmart staff decided I could not have the pictures I had just printed myself on their self service machine. The conversation started when the employee in the photolab there, who was also checking out my order, said he needed to see my photos before he could sell them to me. I asked why, since I showed him the slip with the price that the machine printed out with the price clearly stated on it. Since I printed them myself I saw no further need for him to inspect anything. After showing him the prints he explained that he could not ring me up for them since they were obviously professionally taken. I asked him how he knew they were professionally taken since they did not have any studio name, photographer name, or any copyright information whatsoever on them. His explaination was that they simply "looked" professionally taken and that was enough. With this, my dismay over the issue, and my further escalation of anger and volume several others became involved. I later apologized for my loss of temper, asked their forgiveness and thanked them that there were at least people with the conscience to do right in this day in age. Suprisingly, they forgave me and I went about my business.
The point is this. Can a person with no real photography training such as the above people who understand nothing about how a copy negative or professional print really qualify to judge whether or not my pictures were indeed professionally taken? Well, they don't need to since the burden of proof for a picture with no markings whatsover was on me. But how can you prove ownership in such cases? You can't.
The only reason I bring this up is this is where we seem to be headed with copyright issues and as a photographer this issue affected me personally. If all labs take this stand how is a person to verify ownership of his own photos? After all, will owning the original negatives mean anything in such a case. Unless they are viewed in the eye of a real professional who has done copy work then can the person running a lab be qualified to tell the difference between a copy negative and a original photo? How much more difficult will proof be with digital where there isn't even physical proof by having a negative at all, and Exif information on raw and jpeg photos can be forged and changed.
If every lab worker becomes the "copyright police" how can we defend ourselves? What if one day I take my negatives into a photolab to prove my copies are owned by me and the person decides he will confiscate them and all of my original photos until the police comes to arrest me? What kind of problem will any amatuer photographer run into when he sends his photos out for printing to a lab far away?
For now, most copy places only question copies of documents, photos and prints if they are printed by them, not self service. Is this a sign of the changes to come where every document of any type is inspected by non-qualified people? Oh, I almost forgot, picures 2,3,5 and 6 were definitely taken by me and I am not a professional photographer. Pictures 1,4 and 7 I am not sure about but and may have been taken by my grandfather. Picture number 4 has a number that looks like a type of file system number written on it. These three pictures are of my mom when she was 7, 14 and 19 years of age. I am 56 and she died at the age of 56 in 1989 which, if my math is correct, makes the photos between 71- 59 years old. None of the photos have studio or photographer ownership markings of any kind since largely in that day in age the photo was considered the final product, and if you owned the photo, you owned the rights to it. These were the three photos I took to Walmart and which they refused to let me have the copies I made.
To my knowledge, copyright issues in the past largely depend on someone who feels their copyright has been infringed on making it a legal issue. Because of the movie and music industries' power, copyright is becoming "policed" more and more. In other words, even though there have been very few actual cases if any of photographers taken customers to court over their photos being copied, Walmart feels, at least in my case, that they can give this over run authority to it's people to decide and police it. I only bring this up because it is a move from waiting for someone's rights being violated to actually "hunting" for violations. I hope you can see the difference as the definitions of law goes through what is termed "the evolution of law." It is the difference of the change in the meaning of the term "unreasonable search and seizure" as termed in our Consitution. I suppose this was the very issue to begin with at the store. I felt like my personal rights had been violated and of course I am sure the store would defend itself by saying I agreed to their photo policy, which I did. But what gave them the right to decide I might have violated some law that they needed to search and seize the copies? Can you see where I am coming from. It's a lot like TSA searching you at the airport, or police stopping you at a drinking check point to make sure you haven't been drinking, or drug test being allowed in the work place (don't discount the fact that you haven't broken any law to start with), and all these have now been accepted into our society, when in the past we would have considered them unreasonable search and seizure. See what I mean?











