That seems to be a rather subjective concept. How is the photofinisher
really supposed to know who made the photo? In some instances if an actual
photo is brought in for copying or duplication, it may be easier to tell.
But what about a roll of film, or pics on a CD or memory card?
Shel
It is subjective and luckily the law limits penalties when the copyright
owner is not clearly marked. As Bill mentioned in an earlier post on this
thread possession of (what appears to be) original negatives would be
considered having the right to reproduce them as negatives serve no other
purpose as is. Same with an undeveloped roll of film. Slides are a different
story as are pics on a CD or memory card. With the memory card as long as it
did not appear to be copy work I would assume it to be theirs to have
printed. Slides and CD would require higher scrutiny as they are end
products in themselves. One of my big complaints with photographers was not
marking a copyright notice on everything and anything that went to the
customer. We photofinishers were in the middle, and a simple © would have
made things easier. Angry customers on one hand, angry photographers on the
other. Most, just trying to do what we thought was right. The law is too
vague for my liking but we are stuck with it.
Butch
