Scanning of Professional Photos?

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Janet

True Grumbler
Joined
Apr 9, 2001
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85
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Clayton, NC, USA
I know that this is probably a legal issue but I'm curious how y'all handle this. Many people come to us for framing of old family photos and ask if we will scan them and make copies for some of their family members so they might give them as gifts at holiday times. With access to a great scanner, we turn the scanning jobs away as we must get a release from the professional who took the original photo. A lot of customers do not want to track down the photographer (some no longer are alive) and therefore, we lose the prospective framing jobs that we might get simply through the release situation. A lot of our newer customers are people moving into our area from other states and are no longer in contact with the original photographer(s). How would some of you handle this turning away of work?

I see no difference in archiving a photo on one's personal computer and then sending it to another family member for them to print, so I really hate to turn the jobs away. Thus far, I CAN AND HAVE allowed my conscience to be my guide and have not accepted the scanning jobs. But I sure do dislike trying to explain it to my customers and see the disappointment on their faces when they think I can work all kinds of magic.

Charles told me to come right out and ask the question: DO YOU OR DO YOU NOT SCAN PROFESSIONAL, COPYWRITED PHOTOS?

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How cheap do you want it to look??
 
Janet--

You sparked an interesting discussion between my fiance and I...LOL...we may be opening a gallery, and this question hadn't come up yet.
smile.gif


As an amateur photographer myself, I have been to photographers' sites, and they generally keep their negatives for a period of three/five years...and after that, they will either sell them or give them to you. (They may keep them longer than that, of course--but rarely did I find a photographer who would give up the negatives before that, for obvious reasons. They want you to buy the package deals, and get your reprints from them.)

If I were you, I would keep a list of all the photographers and studios within reasonable distance from your city/shop, and refuse to reprint photographs from these studios as long as they are in business. Any customer who would want you to is obviously "on the cheap," and looking to save a buck. That's bad business.

But if the photograph is over five/ten years old, or is from a studio out of state, I wouldn't see a problem with printing it for them. They can do it at drugstores, for heaven's sake. LOL Especially if it's an older family portrait--God only knows where those negatives are, if they even exist at all. Development labs consider it "retouch," and do it all the time.

That's my two cents, anyway. Trust your gut. As long as you're not undercutting local photographers, or helping a customer who just doesn't want to pay for reprints when they are able to, I don't see a problem with it.

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I don't care what color your sofa is.
 
I scan and email all the time for customers. Havent ever given it a second thought nor will I in the future.

---Mike
 
I won't reproduce anything with a sticker or stamp on the back informing me of a copyright. Other than that anything is fair game
 
I made up a simple form that has a description, date I copied, and an area where customer signs off saying that have the right or have obtained permission to reproduce the work. It's a simple 3 liner. Having the customer sign off puts the responsibiliy in their lap. I don't worry about it too much especially since it is for personal use....not like we are generating prints for resale or anything . I figure if anything were to ever arise I would pull out my little form and if all else fails play studip.
 
To answer your question, it is illegal to copy reproduce or edit a proffesional image. If it is a professional image and it is copyrighted and you would be infirging on their copyright. There are releases that are out there that anyone who has the right to go around asking for copies or scans of a professional picture that one can produce - a model release is an example of such.

I wouldnt do it.

Anyone can buy a scanner let them do it themselves.
Now, the likelyhood percentage wise of ths coming back to bite you is low, but even so, the cost of the chance I do not think is worth it.

Those copyrights are not just fun for them to stamp on the back or whatever, have respect for their profession.

I mean if someone came in and asked you to copy money you wouldnt hetsistate to say no, so repsect your fellow businessman at least as much as this goverment
smile.gif
 
I mean if someone came in and asked you to copy money you wouldnt hetsistate to say no, so respect your fellow businessman at least as much as this goverment.

One can copy money, provided that the reproduction is at least %25 larger or smaller than the original.
 
Michael in Scotland.
Hi there. Generally I would agree with the comments from the others, ripping off copyright is a criminal activity. We had an interesting case here some years ago when good quality photocopiers became available.
A framer in Scotland was using a suppliers catalogue & offering to scan any image for the customer, thus bypassing the publisher.
He was given one chance to write a grovelling appology and promise never to do it again on pain of litigation and believe me they do pursue cases.
 
I think the key here is the intent the customer has for the use of the image. If it is for their own personal use (or a family member)and the photographer can't be found, Fine. If they are going to have prints made and sell them, No Way. I had a customer ask me to scan a calendar photo print so they could resell it at flea markets. They looked at me like I had 3 heads when I explained the liabilities.
On a personal note, A professional photographer took some photos of my kids when they were little (ten years ago). Recently, I said to my wife we should ask the Photog. for the negatives for the future. Guess what, She's out of business and has become a PICTURE FRAMER in another state. I'll take the outside chance that she still has the negatives and contact her, but "dollars to donuts" she doesn't. Scanner here I come.

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curlyframer, CPF
 
If the photo came from a professional photographer ( the picture has a name and address or phone number) is copyrighted, I would have client attempt to see if the studio is still in business. Many are not or resold and names changed and it is not practical to figure it out. Anything local I should already know about including retired photographers. Anything really old is probably OK because few photographer 20 - 30 years ago copyright their work as copying cost more then having a reprint made. I've work at a lab in the sixties and it had a negative file from the early 20's from a previous DEAD owner. It would have taken us a week to find anything in that old file if at all.
 
If I frame a photo for a photographer for him to display in his shop, should he have a written agreement to display my framework? After all...it IS my work...
 
Curly & Framer:

You both seem to have understood my question completely. As many of the photographers are not available after so many years, I just needed to know what other framers are doing about scanning. The really amazing thing is that back as early as the 20's some photographers used a type of finish or coating that makes it impossible to scan their photographs. An actual photograph has to be made of the photograph in order to be able to scan from that. My niece brought in a photograph of her grandparents that was made in NY back in 1923 and it had that finish on it. The studio that performed the photography has long since been closed and her grandparents are no longer alive. She wanted to have scans made to give framed copies to her brothers and sisters this past Christmas. She took them to a freelance photographer who would not agree to take photos of the pictures as he felt it was unscrupulous. Therefore her great idea for gifts was shot down. Neither of us could understand how this particular situation could possibly harm or create a problem for a dead photographer or her dead grandparents.

Thanks for everyone's input on this question. You have all given me good "food for thought".

Janet

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How cheap do you want it to look??
 
Back in the old days when I did that for a living. Some photopaper finishes needed to be copied underwater using a special filter to remove any reflections.
 
<BLOCKQUOTE>quote:</font><HR>Originally posted by framer:
Back in the old days when I did that for a living. Some photopaper finishes needed to be copied underwater using a special filter to remove any reflections.

<HR></BLOCKQUOTE>Did you use scuba gear or just hold your breath?



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curlyframer, CPF
 
Curly, I needed the laugh! What a quick mind you must have! Thanks for the chuckle!

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How cheap do you want it to look??
 
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