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  • Photofinishing labs increasingly are refusing to print professional-looking photographs taken by amateurs. The reason: Photofinishers are afraid of infringing on professional photographers' copyrights. There are a growing number of stories of amateur photographers being turned away by photofinishers for having photos that looked, at least in the eyes of a store clerk, too good to have been taken by anyone other than a professional. Digital photography has made it easier than ever for people to make unauthorized copies of professional, copyright photos. All it takes is a scanner, a computer and a printer or CD burner. The Professional Photographers of America trade association sent a wake-up call to the photofinishing industry when, in 1999, it sued Kmart Corp., alleging that the discount store violated federal copyright law by copying images without the permission of the copyright owners. In 2000, Kmart settled the case by paying $100,000 and agreeing to implement procedures to guard against the unlawful copying of professional photos. Photofinishers took notice. After all, most don't want to be held liable for copyright infringement. The old copyright guidelines, which are not binding, suggest, among other things, that photofinishers notify customers they will not copy photos bearing a copyright notice without the permission of the copyright owner. Determining who was authorized to copy a photo was never much of a problem before digital photography. If a customer had the film or negatives to a photo, then photofinishers assumed the customer had permission to copy them. These days, the question of who owns the copyright to a photo isn't so cut and dried. Further complicating matters is the fact that all photos – including those taken by amateurs – are automatically protected by U.S. copyright law. So the copyright owner isn't necessarily a professional photographer. The result is that some photofinishers are more cautious than ever about copyrights, even if it means turning away a legitimate customer. Reference Link: http://www.signonsandiego.com/news/computing/personaltech/20050530-9999-mz1b30snap.html

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