Right But Also Copyright

An undeniably good policy in business is that “the customer is always right.” Its corollary is “Give the customer what he wants.”

Every day customers want us to, “Make copy slides of the pictures on these pages.” “Give us three ‘dupes’ each of these twenty slides.” “Make me a print of this picture, but I don’t have a negative.” What, then, should the businessman do when the customer asks, even unknowingly, that he break the law? Of course, the answer seems simple doesn’t it? Don’t do it!

We at our lab would like to think that we are able to please our customers while obeying the law. However, if such a choice were our dilemma, we would surely do the legal thing. We just want our clients to be aware that we honor the copyright law.

Just who owns the copyright? Well, as of March 1, 1989, the “author” of a work automatically owns the copyright on his work, even without marking it or putting his name to it; although both practices are highly recommended. The “author’s” copyright is in effect for his lifetime and 70 (1998 Amendment) years beyond his death.

The term “author” is a legal one. If you snapped the shutter you are the author. If a professional photographer took the photograph for you, (s)he is the author or copyright holder. If a business employs a photographer to shoot for them, then the business owns the copyright, but if the photographer is not considered a traditional employee (ie; imposed payroll taxes, etc.) he then holds the copyright. And If you buy a work, do you own the copyright of that work? NOT UNLESS EXPRESSLY STATED IN YOUR PURCHASE AGREEMENT.

Extended copyright life of older works that were created before January 1, 1978 now have protection for 95 more years from the date of the original copyright. To be sure that a copyright has expired, even on supposed public domain works, publication of the work would have to go back to 1924.

So, if someday you bring something in to be “copied” and one of our staff members asks you to clarify its copyright status or show evidence of the right to reproduce it, please don’t think we have abandoned our policy to give the customer what he wants. We haven’t; we just want to be sure that he is not only right, but also copyright!

Note: We have copyright forms for photographers (Photographer’s Copyright Consent Form) and customers (Customer Copyright Declaration Form) to fill out. We need written permission to be submitted with each order from each “author” or copyright holder.
Source: Photo Marketing Association International, Michigan, 2001

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