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WALMART PHOTO PRINT PROFESSIONAL
The problem is that not all professional photographers mark their images with watermarks, so the employees have to look at other factors.
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This would absolve them of any possible legal recourse and you could have gotten your images printed. What should have happened, however, is once you stated you were the original photographer and provided some sort of proof (bring in your camera and show them the images on the camera's LCD,) they should have given you a form to sign stating you were the photographer. If Walmart had printed your photos and it turned out they were professional, they broke copyright law and could be sued for quite a bit of money (I forget the exact numbers, but each image is considered an infringement of copyright law so it adds up pretty quick.) In your case, the employees took the stance that they'd rather lose your business than risk reproducing copyrighted images it sucks but it happens. With a decent point and shoot or DSLR, "amateur" (excuse the term) photographers can produce great looking images, and sometimes the decision of whether or not it was taken by a professional is left up to the person running the lab. I worked in a photo lab in an upper middle class area for a couple years, and we encountered images like this all the time. I just wanted to throw in my experience here to give you a better understanding. Moral of the story: ALWAYS SAY "I TOOK THE PICS." If they still refuse to sell them to you, yell and yell and yell and yell until you get your way. They were screwing with me so I fought back.) (For the record, I hate those tactics, but in this case I believe it was justified. He basically sold me the pics just to get me out of the store. I went up three managers until I finally got the head manager. I had to scream at those assholes until I was blue in the face. It was around Christmas, we had to get the photos (which were part of a gift) and drive out of town, we were already late, and I had no time to screw around with this sort of BS. She happened to be at the house when the pics were being taken. The friend could give a shit what we did with the pics. She was slightly better than my wife at lighting and composition. The friend was also an an amateur photographer who had taken a class in college once. Wife responds "A friend of mine took them." Suddenly, the conversation becomes "We can't sell you these pictures then." She then casually asks "Did you take these pictures yourself?" The girl behind the counter was making small talk with my wife about how cute the kids were. I had the same problem with the idiots at Costco once.
WALMART PHOTO PRINT UPDATE
UPDATE 2 Here is one of the "professional" images for reference. That seems ridiculous to me, so we had them shred the photos in front of us, and we are taking our business elsewhere. I asked at whom's discretion it was determined whether a photo was professional or not, to which she replied "Mine." She also explained that I would have to have unedited original images from the camera to prove that I took them. I asked for a copy of that policy in writing, which she couldn't produce. She explained that it was Walmart policy that any "professional-looking" photos are required to be accompanied by a release form, as well as the "original media" that the photos were recorded on. UPDATE I went back to wally world with my wife and spoke to someone at the photo desk.
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WALMART PHOTO PRINT PRO
TL DR: Walmart won't give us our photos because they think we're trying to rip off a pro photographer. Do we have any recourse against Walmart though? They have our photos behind the counter and won't release them unless we provide documentation that we cannot possibly obtain. I have an account w/ Adorama that we'll be using to print everything from now on. We are obviously going to be taking our business elsewhere from now on (Walmart photo was never that good anyway, just convenient to the house). How can they do this? It seems to me that they would want to cater to the better photographers that choose to print there. They told her the "real photographer" would have to sign it. She wasn't given an option to sign a release herself. She spoke to two managers and explained that she had taken them herself, and they didn't believe her. We took the photos ourselves, in our bedroom, with a sheet as a backdrop. When she returned to pick them up, the photo counter employee told her that she wouldn't be able to take them without a signed affidavit from the photographer releasing the photos. My wife took some photos of our daughter (9 weeks old) to Walmart today to have them printed.