Wal-Mart Photo Copyright Policy
Posted November 17th, 2008 @ 05:38pm by Erik J. Barzeski
You know those photos I took of the girls in the "professional" studio (i.e. the playroom/craft room in our house)? Wal-Mart apparently thought they were "professional" enough that they had me sign a copyright form attesting to the fact that, indeed, I took the pictures.
Their copyright policy states:
In addition, we will not copy a photograph that appears to have been taken by a professional photographer or studio, even if it is not marked with any sort of copyright, unless we are presented with a signed Copyright Release from the photographer or studio.
Funny. I was somewhat displeased with the photos (too many girls wore black, the same color as the background I chose), and here Wal-Mart thought I was trying to print pictures taken by an actual photographer. 
Anyway, just a heads up if you ever take "studio" type shots in your home. Most professional photographers don't use Wal-Mart for their processing and printing, after all.
P.S. Save yourself time: download and fill out this PDF before going into the store.
Donate Life
Posted 18 Nov 2008 at 1:09pm #
Same thing happened to me, but at Sam's Club (same Walmart parent). I was printing some family portraits I took of friends and received a call alluded to the same message you got.
At first I was a little shocked, but after talking to the photo tech, I felt much better about their policy. She said it was up to their discretion whether to print what they deem as "professional".
I actually like that someone would be looking out for copyright infringement and a phone call seemed more than appropriate to validate.
My guess is a lot more semi-professional types use Walmart than you'd think - bare bones pricing and decent quality are a pretty good sell.
Cheers for the link.
Posted 18 Nov 2008 at 5:49pm #
I'm cool with it too.
Of course, that's "until it trips me up" at some point. If they ever tell me I can't print one of my photos or there's a delay some time, then I won't be so happy about it.
Posted 20 Nov 2008 at 12:40pm #
Funny. I've heard the same story from others up your way. Down in the Carolinas I've never had that problem. I just printed these without incident which means either a) my pictures suck compared to yours or b) people are generally more lazy down here or c) Walgreens doesn't give a $hit.
I'm thinking it's a combination of a & b.
Posted 29 Aug 2009 at 5:40pm #
I looked at your pictures and it's certainly a combination of b and c because it's not a
Posted 16 Dec 2008 at 11:42pm #
Erik J. Barzeski said on November 18, 2008:
Stumbled on your website and had to comment...
I was fine with the policy too until they told me that I could not print at their store any more because my pictures were too good! And because I didn't have a business license that there was no way to prove I was good enough to take the pictures, so I could no longer print pictures in their store again...
I offered to bring my camera and memory card in, but they said that wouldn't be good enough for them... Freakin' nuts!
Posted 06 Jan 2009 at 6:35pm #
Although this note was posted few weeks ago I would like to comment after I learned that I'm not alone in this situation. I am currently facing the same problem - not with Wal-Mart but with Sam's Club in Raleigh, NC.
I took some pictures of my daughter and nieces and they are not releasing them to me because "they look professional". The only option I was given was to bring the copyright release from the photographer, but not from me!!! (I wasn't even offered the waiver posted in this note). I asked them to check the Exif information where the copyright is under my name, but they wouldn't do it!
Now I am planning to go tomorrow with a copy of the form from this post. Hopefully I'll be able to get the pictures!! Thanks for this post.
Posted 11 Jan 2009 at 8:42pm #
If you can prove that you took the picture, then Yes, Wal-mart will sell you the pictures. Without proof that you indeed took the picture or if you had it done at a studio or by a photographer you would need a copyright release stating that you may copy the picture or reproduce them. I work at a Wal-Mart photo center and it's not that I'm on a power trip or that I'm anti-good picture. It's the fact that I'm DOING MY JOB. Wal-mart sets policies and we as employees have to follow these policies. It’s just like any other job. You have rules, policies that you have to follow and I and like others, follow these policies. For me personally, I don’t care. I’d let people copy the pictures. I understand, but it’s just that I can’t. If we get caught selling a copyright picture you lose your jobs, have to pay a huge fine and last but not least spend time in JAIL!!! I just had a baby and she’s 3 months old, I’m behind on my bills so yeah here’s my point. I’m not ready to give up my freedom nor the time to see my daughter. I don’t have the money to pay a fine, so get over it!! And Yeah I don’t make 8$ an hour. I make more!!!!
Posted 12 Jan 2009 at 4:59pm #
Emily said on January 11, 2009:
I don't think anyone had a problem with the policy itself... It is the fact that even when I offered to sign the photo release since I am the one who took the photo, they told me, no, that it looks too good, it must be a licensed professional...
My problem is when some employees don't even know or understand the entire policy, and just try to enforce part of it without regard to the customer... I was even told by the Photo center manager that I was no longer welcome to print pictures at her Photo Center again! It wasn't until we brought the Store Manager in, who would actually read the entire policy that I received an apology and an explanation that I would need to sign the form again if there was ever a question...
I don't mind signing a form, but to just say, no, we won't print your pictures is not exactly good customer service...
Posted 17 Feb 2009 at 3:38pm #
Here's yet another twist on Wal-Mart's policy. I have become the keeper of many family photographs over the last several decades. Many are from the late 1800's and some from the 1920s and 1930s. We all know that there is no way to uncover who actually took these photographs (nothing on the back of the picture), yet they are definitely professionally done.
What am I to do? Family members have asked for copies of historical photographs of our long deceased family members. Wal-Mart allowed me to copy some, but the last time I went in with a grade school photograph of my long deceased uncle (photo from around 1930), I was told that they could not sell the copy to me.
Any ideas for dealing with this? I have a scanner here at home, but I needed quite a few prints and it's not economically viable to copy this many photographs.
Posted 21 Feb 2009 at 8:05pm #
I met a lady today at our local WalMart who was trying to copy a family picture for her children and grandchildren.
The family portrait was taken in 1876~~!!!
The WalMart photo dept. would not allow her to make copies because of "copyright infringement". There were no copyright laws in 1876.
And, how the heck would you get "permission" from the photographer after 140 years????
Geesh!
Posted 17 May 2009 at 2:59am #
I wondered the same thing. According to copy rights for photographs. The copy right is good for the life of the photographer plus 70 years.
Posted 18 Jul 2009 at 11:37am #
The copyright runs out after 75 years. The problem is, you can't prove to those jerks when the photorgraph was taken unless there is a timestamp on it.
Posted 04 Apr 2009 at 9:34pm #
What does Walmart do with the photos that they think are copyrighted?How long do they keep the photo before they get rid of them?I was unaware of their policy and when I went to our local Walmart I took photos with me and copied them from the Kodak machine,they did print for me but,when I went to pay for them,the lady stated I needed a release form.I told her I was unaware of that because I didn't understand their policy because of my diability,she just told me I needed a statement from the original photographer.I apologized to her and she stated that was okay.
Any help would be greatly appreciated.
Thank You!
Posted 31 Aug 2010 (2 days ago) at 1:56pm #
Dominic said on August 30, 2010:
....
...are you serious?
cause we TOTALLY want photos of your family.
As I stated before in a previous post we shred them and throw them away. That's the END of it.
Posted 01 May 2009 at 1:29pm #
Thank you for the pdf form!! I printed it, called walmart back and got my photos!!
Posted 02 Jun 2009 at 7:54pm #
same issue,my parents passed years ago and ive been on the hunt for family pics from my aunts and uncles,so i wanted to make copies of them they were taken in 1985 ,and there is no wrighting on the back of them saying if they are copy wrighted.......walgreens wouldnt let me buy them...saying i need a letter of aproval from the photogifer........if i dont know who took them how do i get aproval.....my aunt thinks we took them at kmart she not sure....
Posted 24 Jul 2009 at 12:16pm #
I have had similar issues in south eastern Kentucky with Wal-Mart (they have also lost several of our orders for months, then try to make us pay for them once they locate them months later)...I work for a school system and we have a school-based photography business with our students - we are anxiously awaiting the opening of the new Wal-Greens two blocks from our school!!! We may face similar issues there, but I haven't heard of any so far...
Posted 28 Jul 2009 at 9:44am #
I spent $1,800 on photo equipment for my daughters equipment. I know little about photography and had some people at the wedding follow the photographer around and click pictures. In some cases those pictures are better than the proffesionals. I printed the pictures at Walmart when I went to pay they wouldn't give me pictures of my family that a variety of people took. I told them they cant have them they are mine. They said they wouldn't sell them to me and I told them that that is their perogotive if they want to charge me or not. But the pictures are my private pictures not for thier viewing. I asked the person behind the counter if they had a degree in photography they said their husband had one..my son is a doctor that doesn't make me one. So it becomes some clerks opinion wether to let you have the pictures. I spend about $5,000 per year at Walmarts times about 20 family members. Now I take my business to Target. It will be a cold day before I spend or my family members spend another penny in Walmart. It's time to hit Walmart where it counts, in their wallet.
Posted 13 Dec 2009 at 9:01pm #
Being a Walmart phototech myself, we are required not by law by also by Walmart policy to enforce this. Copyright lasts the life of the photographer plus 70 years.
http://www.copyright.gov/
However! Yes, just fill out the stupid form and bam, done. Just don't do it in front of us. This form actually doesn't protect Walmart itself, but us! It is a heavy fine for EACH photo finisher in the lab as well as immediate termination if discovered. And with the economy the way it is, please just sign the damn form and save a fight. For the older photos, if you are related to the person, the copyright owner falls to next of kin. Little known fact. Voila! Yes, it is dumb. Yes it is a pain the butt. Yes, I've had things thrown at me over this and my manager socked in the face, but c'mon, just follow the legal laws. And yes, even when I get my stuff done there if it looks good enough, I have to sign off. ie: my artwork. In additon to the law, we are required to sign a form EVERY month that says we can't even do it if it looks professional. And, for the people who say I waste their time; we don't put signs and stuff up for our health, more for yours. You are fully warned beforehand. Sorry. =/
Also, we are required by law to destroy any photos that are refused. We don't keep them and yes, you are fully entitled to watch us shred them if you wish. (If any employee refuses then and there, get a manager.)
They are shredded and forgotten. We do nothing with them. Also, we can keep printed items on file for 90 days if requested. If you do items on the Kodak (or the new HP machines soon) there are no digital records of them. If you do them in the one hour or the send-away days/site to store service, they are kept on the digital file for a maximum of one week, three days minimum. If the lab has a crash, its all purged.
Uh, those guys were idiots. We get amateurs all the time. Just have a letterhead or sign the PDF form, good to go. If not, get a manager.
Posted 18 Dec 2009 at 8:13pm #
You Walmart people just dont get it. Like I told the person behind the counter after being asked for a release, "I took the pictures". She said they looked proffessional I said "thank you I took them dont need a realease". I told her if she called me a liar one more time I was going to rip her tongue out of her head. Pretty sure I really didn't care about the $4 worth of pictures. The funny thing is I spent $2,000 for a digital camera and I cant get the pictures developed because I spent so much plus I have to get called a liar by some clerk that by their own admission has not degree in photography. My experience was on May 15, 2009, since then my family has not spent a penny in Walmart and never will. It's certainly not my loss, ohers should follow suit perhaps we can put these low lifes out of business.
Posted 19 Dec 2009 at 8:13am #
No, you don't get it. We aren't calling you a liar, just sign the damn form that sits next to register, have a nice day. It's really THAT simple. You guys don't get it do you, Wal-mart isn't the one sued WE ARE. WE GO TO JAIL. WE GET THE FINE. Sign the stupid thing next the register no problem. We don't give two cents after it. I think I've stated before. Even I've had to sign the stupid form. It's life. Just feel honored your pics were noted as good and move on.
Posted 22 Dec 2009 at 7:22pm #
1) No form was offered 2) you have no qualifications to determine wether it be proffessional or not. 3) why would you take the chance of the possibility of some unknown photographer seeing a copy of some picture of some unknown person realizing the possibility of the copy coming from some clerk at Walmart copying this unknown photo of the unknown person and getting sued when the possibility of person standing in front of you that you just took pictures of his family away from and called him a liar will definately sue you......go figure.
Posted 26 Dec 2009 at 6:00pm #
For the first time at the photo department in my local Wal Mart, my developed pictures were withheld because they looked professional. A friend of ours took them, just as he had 2 years ago. And where did we go back then to get wallets and 4x6's and 8x10's printed out in huge quantities, without the need for a copyright release??? The same frickin WAL MART. My husband shoots concert photography, and has printed out incredibly great shots at this same Wal Mart of really well known music artists... without a model release, copyright release, etc. There were ZERO issues for those photos, and in all honesty-- those workers should have been concerned about that, but they didn't care. At that moment.
It's the "flip-flop" of the rules that is so annoying. They don't care one minute, the next minute they do... just pick the manner in which business is handled and stick with it.
I'm going in with a copyright release from my photographer AND the copyright owner indemnification agreement to get my photos. I know I don't need both, but I'm covering my bases, and right about now I think that's what we have to do as customers to be able to finalize our purchases in the photo department.
Posted 27 Dec 2009 at 7:29pm #
Meagan said on December 19, 2009:
You do seriously think a judge is going to put a Walmart clerk in jail or fine him/her for allowing a customer to bring home pictures of his family. My judge friends are still laughing.
Posted 30 Jun 2010 at 3:18pm #
I've simply been online looking for a generic copyright release when I stumbled onto this thread. I too, have had to make a last minute quick print at Walmart and yes, got stopped because my photographs were professional. Being a photographer per my profession, I do hope that they look professional. I have only run into this once, as I have pro labs that print my portraits, however, I'm sure my clients have run into it; attempting to print my portraits without a release or use form. I just want to say thank you to Walmart for protecting the photographers out there and shame on all of you folks who *love* the photographs taken by your photographer, but don't *love* them enough to pay for professional printing instead of saving a few bucks at places like Walmart.
Posted 18 Aug 2010 (3 weeks ago) at 4:49am #
Kudos to Walmart for trying to provide some sort of protection for professional photographers. Everybody knows that some people really don't care too much about copyright infringement. But then, there should be some sort of system, procedure ... whatever ... so that their attempts at being of help won't be deemed as downright rudeness by some. I mean, what if I'm a plain housewife who loves taking pictures of my kids, but then I also happen to be excellent at it? Walmart folks could just compliment and insult me all in one breath?
Posted 18 Aug 2010 (3 weeks ago) at 8:20am #
W said on June 30, 2010:
Thank you. I am AMAZED at the number or people who just DON'T get this. Photography is a profession, a career, a marketable skill that is punishable by law if abused. As for not getting your photos printed at Walmart, the dude who spent $2,000+ on his equipment shouldn't be printing here if he's so good then. Why isn't he printing at a professional lab if he's so good? NONE of the professional photographers that we serve at our lab that print for proofing and for low end gigs have ANY problem with giving a release.
Dominic said on December 27, 2009:
And as for 'qualifications' I actually went to school for photography, don't insult me. If you really a 'true photographer' you wouldn't be arguing so heavily on an internet form about how a lab denied your business. Get over it. You and your 'judge friends'. Cause if they are copyright and the photographer pushes, yeah they are.
Sabrina said on August 18, 2010:
Hey, your right! Like I was telling Mr. Im-Fantastic-At-Photography-So-I-Should-Be-Law-Exempt, you just sign a form saying they were yours and then bring on the photos. And then in the case of coming to my lab, I usually discuss technique with ya while they print cause they probably look so damn amazing and I'm curious to know how ya did it. =)
Posted 27 Aug 2010 (6 days ago) at 1:03am #
Firstly, in responce to the comments above, just because I happen to have the money to spend $2,000 on a camera to take pictures of my daughters wedding by no means makes me a proffessional photographer. Nor do I have any idea where to get pictures developed professionally nor do I want to. I had absolutely no interest in taking pictures of anything other than my daughters wedding. I have absolutely no interest in printing out any of the pictures I ever took. But in this one instance my 80 year old mother says that she had no pictures of my daughters wedding that I just paid for, I think I have the right to go to Walmart to print 4 lousy pictures I took without getting harrased by some "professional" behind the counter. Again, I know nothing about copyright laws nor do I care to know them as I am not a professional photographer. If I was given the option to sign a release I would have gladly done so. I was asked if I had a relaese and explained I didnt know what they were talking about.
Secondly, to all of you people that are professional photographers...you certianly have the right to have your work protected against theft. Now that I understand the laws that protect you, I would never hire you. To the dealers that sell expensive cameras to "Joe public", you should be put in jail. To those people behind the counter at Walmart that say you have a "degree" in photography, you wasted your time and money. I never take pictures and was told mine looked professional by you.
Lastly, I did return the camera to the store I bought it in after explaining the problem, the owner reluctantly took it back.
Oh I forgot to mention that I went back to Walmart a week later and got the pictures developed, no hassels. I even went as far as to point out to the "Professional" how professional they look. I'm pretty sure that I got harrassed because I interrupted the "Professional Photographer" behind the counter from playing her computer game.
Posted 27 Aug 2010 (6 days ago) at 8:15am #
Dominic said on August 27, 2010:
Funny, I wasted all my time and money and somehow, someway, I still don't have major spelling mistakes in my posts. Your sarcasm is the only thing wasted here...
Dominic said on August 27, 2010:
I laugh at this as you CAN'T play 'computer games' on those computers; the only thing one can do is our JOB. That is all I have to say on that to the people who think that trying to work 3 computers at once, a film processor, 20 orders and take care of a machine like the Frontier 390 all at once, is playing around. You're not the first one who thinks this, and not the last one; so quit your complaining when we're trying to serve more than just you, greedy.
Eh, I've said what I've had to say and I think that now this has gone to nothing but petty stabs. If anyone has any constructive or genuine questions I'll answer them. Any more responses to this will be ignored, so get your last breath in while you still can. Until then, I'm going to get to back this thing called life and quit gripping about things that can't be changed.
Posted 27 Aug 2010 (6 days ago) at 12:33pm #
I just want to clarify something... The problem is not at all that Wal-mart thinks the pictures are professional and want a release it is that some of the associates didn't even know such a release existed and it was NEVER offered! This was before I officially went into business and I was told because I didn't have a business license that there was no way to prove that I was the one who took the pictures therefore I was not welcome to print EVER at that Wal-mart again! That is what I was upset about! It wasn't until I printed off their website their own policy and showed it to that Store Manager did I get my pictures. Some associates just aren't informed of their own policy.
Since then (at different Wal-Marts) if I ever need a quick print I just show them my business card and sign the release and all is well, no problem. Again, the issue is not that there is a problem with them protecting copyright laws, it is with them NEVER even offering a release and told I was SOL to get my pictures back..
Posted 30 Aug 2010 (3 days ago) at 3:10pm #
What does Walmart do with the photos that they think are copyrighted?How long do they keep the photo before they get rid of them?I was unaware of their policy and when I went to our local Walmart I took photos with me and copied them from the Kodak machine,they did print for me but,when I went to pay for them,the lady stated I needed a release form.I told her I was unaware of that because I didn't understand their policy because of my diability,she just told me I needed a statement from the original photographer.I apologized to her and she stated that was okay.
I was told that they destroy the pictures. I don't believe them and my 80 year old mother is extremely unhappy that strangers have pictures of our family. I talked to the manager and the the district manager and got no satisfaction. I tracted down the regional manager and called him on his cell phone. Boy was he surprised. I am in the process of tracking all of the board members and managers personal phone numbers. When I get them all I will post them. Then we can all ask them what they do with the pictures.
Posted 31 Aug 2010 (2 days ago) at 9:25pm #
I don't believe you shred them just like you don't believe that I took my the pictures. As a matter of fact I know they are not shredded. I got one of the managers to get all the pictures scheduled to be shedded from behind the counter that were taken by other "proffesional photographers" so I could see if my pictures were there. They weren't. A week later I went back and got another manager to give me all the pictures behind the counter. I did this for about 2 months and the pictures they showed me the first time were the same ones they showed me the last time. How long do they keep these photos that are supposed to be destroyed? They have an entire filing cabinet dedicated to destroyed photos. Conveniently mine were missing.
Posted Yesterday at 12:54pm #
Didn't say I didn't believe you took those pictures. I just said why a copyright release is needed.
As for the 'filling cabinet full of professional pictures' your totally right; we keep them because I like hanging them on my wall along with the other pictures of your family I've been scrounging up cause I want to be your kids' aunt..
(By the way, this is total sarcasm and a reference to a very bad movie before anyone goes jumping down my throat.)
Photos are kept for a few days, if the owner wishes them to be, until they can find a release. This is usually anywhere from a few hours to like one or two days. They are gotten rid off because they're taking up the filling space of the paying customers who will actually come back.
As for the two months.. I thought you took your business to Target and didn't ever come back to Walmart? Hrm...strange..
But again, you don't believe me, nor do I care. Keep freaking out over them, and wasting your time with the cell phone thing. They're just going to tell you the same damn thing. Good luck with your quest, I'm sure it will be fruitful.
Posted Yesterday at 9:46pm #
To you this is a big joke...I come from a very strict family. The elders of the family value their privacy. Walmart has turned my daughters festive day into a nightmare. The family elders are very disturbed by the fact that strangers have kept pictures of our family. I don't want to get into the discussion of wether they are destroyed or not. It is not possible to convince these people otherwise without proof. They were not destroyed in front of me.
Your attitude is absolutely appauling. We are the customer. I guess Walmart and its employees have forgotten who pays the bills. Its hard to believe you are the spokesperson for the entire corporation. You say this is total sarcasim, if I come accross as sarcastic I'm sorry I am only stating the facts as they happened to my family. I'm sure different stores are run differently.
Wether you can play video games on the computers is mute. The fact that I stood by the counter for a very long time while this sales person did not acknowledge I was there is pertinent. Then to turn around take my pictures and be as rude to me as anyone has ever been astounds me.
The fact that you don't feel I should feel some sort of satisfaction tells us as the customer that Walmart doesn't need us.