WalMart Photo Reprinting

[mccls1030]

There was a thread just recently regarding how difficult it was for someone to get their own prints made at Walmart. I could not find the thread so decided to start a new one. One of my clients purchased several prints from me just before Christmas. She needed additional copies made and I was not avaiable to print her some more so she went to walmart and got them printed them to her hearts content. I even had my copyright at the bottom of the photo!! She signed some waiver that they gave her and made her prints. Go figure. She was honest enough to tell me about it. I'm not upset with her, but it goes to show you that it depends on the walmart location as to what they wil/will not do. And I know - I NEED TO BE AVAILABLE NEXT TIME! (At least I was today when she bought more from me). So - guys and gals - CAN I SUE WALMART???????????????????????????

[Craig]

I would be upset with your client also. I'll bet my house that she knows that what she did was wrong (and also illegal). Your right about it depends on which location you go to with that kind of place. They hire either young kids or people who don't really give a sh.. about whether they violate your copyright or not. As to your question, yes, you can sue Walmart. In this day and age, you can sue anyone for just about anything. I don't know if an attorney would take your case. Walmart has a large legal department. Call someone and let us know how it turns out.

[TxLerman]

Can you sue Wal-mart? Is Wal-mart the real culprit or the client that knew your photographs are copyrighted and had copies made anyway? Despite all the garbage in the other thread the underlying issue is who has responsibility for respecting the copyright. The client that purchased the copyrighted pictures from you and knew it was copyrighted, or the service provider that only gets paid for making the copies?

From my perspective, it is your client that is responsible since she knew the pictures were copyrighted.

Just my 2 cents worth....

[mccls1030]

You both are probably right, but I couldn't be totally upset with my client. I like her, actually. She may or may not have understood about the copyright. I didn't ask her. Walmart SHOULD have known. I'm tempted to find out which Walmart it was and send them a bill for the money I lost out on. Suing would still be more fun but SUCH a pain.

[JenJohnson79]

The waiver she signed at Walmart releases them from a lawsuit. . . so when you go to sue them, you'd be suing your client.

[rltaylor4]

I am confused. I assume the client needed more copies from a digital file you have. Did she get Walmart to print from a low res copy you provided or did they scan in the print to duplicate?

[Dobick]

Originally Posted by mccls1030

... She signed some waiver that they gave her and made her prints. Go figure. She was honest enough to tell me about it. I'm not upset with her, CAN I SUE WALMART???????????????????????????

You both are probably right, but I couldn't be totally upset with my client. I like her, actually. She may or may not have understood about the copyright. I didn't ask her. Walmart SHOULD have known. I'm tempted to find out which Walmart it was and send them a bill for the money I lost out on. Suing would still be more fun but SUCH a pain.

If you are serious about wanting the money you lost, then the person that you should be directing this at is your client.

She must know that you like her, and is taking advantage of that fact.

I think you are correct in contacting walmart, but only to get a copy of the "Waiver" that she signed. If she signed something without reading it, she is extremely naive. If she did read it, then she is manipulative, and she is manipulating you. So if this client that you are fond of were to walk into your house and pull your TV off of the wall when you weren't home, and then come tell you that they have your TV, would you still be so fond of her? It may seem easy to hate on walmart, but they are not to blame here, your client is. If she were to have a scanner at her house, she could make her own copies. If she told you that she did that, would you be mad at Best Buy for selling her the scanner?

Basically by telling you about it, and your not being angry with her, you are endorsing the fact that it is ok for her (or someone else) to do it again in the future. So how will you defend any position of copywrite protection in the future when the next person decides to go to Walgreens and get some prints made? They would already have your implicit approval by the way that you have conducted your business in the past with this current client.

[SaundraU]

Originally Posted by mccls1030

You both are probably right, but I couldn't be totally upset with my client. I like her, actually. She may or may not have understood about the copyright. I didn't ask her. Walmart SHOULD have known. I'm tempted to find out which Walmart it was and send them a bill for the money I lost out on. Suing would still be more fun but SUCH a pain.

Whether you like her or not shouldn't matter - she did wrong by you as a client. Isn't there a copyright clause in your contract - if not put it in there - that way you know the client knows. I make em read it, initial it, and then sign the contract.

In addition I'm pretty sure the thing that she had to sign at Walmat says "you took the photo, you own the rights to the photo, etc."

[mccls1030]

I do plan to address this issue with my client. I do plan to address this issue with walmart too. And I really don't plan to sue anybody. (Would be nice though but not worth it, either in time or money) You're right that I need to nip this in the bud and I will. Today was just not the day to do it. I'm just glad I'm calm about all this. Mainly I just wanted to vent here, as so many of us do. Thanks to TPF for letting me do this.

[Shane]

You should sue them both . . . the "waiver" isn't worth the paper it is printed on if Wal Mart allows the person coming in to sign it "waiving" the rights of the photographer. That would be like a bank having you sign a form giving you the right to withdraw funds from someone else's account . . . just because you said you had permission! They can point at the client all they want, but it is a flawed policy in allowing someone else to sign YOUR rights away.

Secondly, by letting your client off the hook, you are just letting them think that they did nothing wrong which will lead to them doing the same thing again and again . . . you do every photographer a disservice by allowing someone to cheat you as that is what leads companies, such as Wal Mart, to have flawed policies like the one they have now.

Just my .02

[dbphotos]

Originally Posted by JenJohnson79

The waiver she signed at Walmart releases them from a lawsuit. . . so when you go to sue them, you'd be suing your client.

Actually your client can't sign away your rights so Wal Mart is still responsible for honoring your copyright. You would potentially have a case against both parties, but the reality of suing Wal Mart is that they have many more lawyers on their payroll than and one of us could ever have and would eat up way more than what you lost.

I would address your concerns with your client and address your concerns with the Photo Manager at Wal Mart as well as f/u with Wal Mart corporate with an invoice and see how they respond. Even if you don't get your money out of it I think you will have made your point and will cause them to "re-educate" the employees of that particular Wal Mart.

If you're a member of PPA or NPPA you can get thier guidance or assistance as well. http://www.ppa.com/i4a/pages/index.cfm?pageid=16 (They will send a copyright warning letter, which I'm guessing Wal Mart has probably received many times.)

[mccls1030]

David, I agree with you 100% and that is how I am planning to handle it. I did not lose that much money but it is still the principle of the thing. If the client signed away my rights Walmart should have asked for proof of identity or something. Bottom line is I will address it with both parties and then let go of it. We can't control all of the people all of the time. Thanks for your input.