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Rights to reproduce photos - Help!

I have some old wedding photos of my Grandparents and Great Grandparents which I plan to display at my wedding.  One of the photos is a little small, and the other 2 are wrinkled on the edges, so I scanned them, put them on a drive, and took them into Wal-Mart to be enlarged and reprinted.

After they were printed, I went up to the photo counter to pay for them, and the lady tells me she cannot sell them to me due to copy right laws because they look like professional photos.  I told her one was from the late 1800's, another from the early 1900's, and one from the 1940's, so the photographes were no longer alive to hold a copy right.  She told me she still could not give them to me unless I had a release form, and that I may be able to find one online that the photographer left after they died allowing people to duplicate their work.  There is no info on the back of the photos even saying who the photographer was.  She said the law used to be copy rights only lasted 75 years, but now it is indefinitely, and that she could go to jail for 10 years and be fined $10,000 personally for giving them to me.

Does anyone know anything about these laws, or how I can get these pictures reprinted?

The kicker in all of this is that we also made copies of our engagement photos at the same time, and she handed those right over to us, even though they are obviously professional photos as well.  Maybe if I just try a different Wal-mart..
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Re: Rights to reproduce photos - Help!

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    atomicphotoatomicphoto member
    First Anniversary First Comment
    edited December 2011
    The problem is more so that you are choosing Walmart as a source for reprinting. Try going to a professional lab especially one that offers restoration services. You will have better luck (because they will be far more knowledgable that a walmart employee) and they will be much better pictures in the end. At the very least go to a Wolf/Ritz camera.
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    jcamm11jcamm11 member
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    edited December 2011
    In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/special-topic-wedding-boards_photos-video_rights-reproduce-photos?plckFindPostKey=Cat:Special%20Topic%20Wedding%20BoardsForum:30Discussion:d9eede25-e619-4265-8ed4-18fe8869c5e2Post:bf3581d3-78a3-4e8a-804e-c5c62a046bda">Re: Rights to reproduce photos - Help!</a>:
    [QUOTE]The problem is more so that you are choosing Walmart as a source for reprinting. Try going to a professional lab especially one that offers restoration services. You will have better luck (because they will be far more knowledgable that a walmart employee) and they will be much better pictures in the end. At the very least go to a Wolf/Ritz camera.
    Posted by atomicphoto[/QUOTE]

    Thanks, for the advice.  I'm a little hesistant that Wolf/Ritz may cost 10x as much, but the older 2 photos could definitely stand to be restored - the scans did not turn out that well.    Thanks, again!
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    edited December 2011

    I had the same thing happen to me when doing photos for my heritage table, as did a coworker of mine who tried to print a really old photo from a catholic school which her mother attended as a child. It seems that chains such as Walmart are really sticklers for printing any type of photo which seems to be professionally taken, regardless of it's age or the situation. I ended up using winkflash.com to reproduce my photos since I wanted a better quality and larger size than my home printer could achieve. I had no issues with them printing them. You may want to go that route or try a similar online company. Best of luck!

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    edited December 2011
    My husband works at Wal-Mart, and I am graduating from law school in a few months so I can give you SOME idea of both their policy and the law.  Unfortunately copyright is not at all my area, but my knowledge is very general.  First, copyright does NOT expire with death, so the fact that the photographers are dead is beside the point.  I am not positive about photos, but with most things there is a time limit on the copyright (generally about 75 years, it depends on specific legislation).   However, Wal-Mart's policy is not to give out any photos that look professionally done without a release - I think they are fairly willing to accept anything as a release though (I.E. you could forge something - although that is illegal) because then they have something to waive if anyone brings a claim against them, passing the problem off to you.  Some employees are less rigorous than others, but I know my husbands policy is not to accept anything that is questionable - as the employee told you they could be subject to a very sizable fine and imprisonment, and Wal-Mart as a company would be more than happy to put their head on the chopping block (and fire them) if there were any problems.  It's self protection and company protection. 

    I wish I had an exact law to site to you that would tell you the time limit on photos so that you could at last be armed with that....however if you can not prove the age of the photos either, which I am guessing you can't, I am not sure how useful that would be anyway.  You may have more luck with another target that isn't sued as often (Wal-Mart is a huge target).  You could also try an online service (I hear they're pretty lazy about requiring much beside a warning that you can't print copyright stuff).  You could also always buy your own photo printer, but that's expensive. 

    Last is my disclaimer not to take any of this as legal advice as I am not licensed to practice, and I have never worked in or taken courses about copyright law, so I am  by no means an expert in the area....
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    edited December 2011
    I would ask for a manager if the photo doesn't have it printed on the back then they can not take it upon themsleves to say it is copyright. Some of those clerks let their duties get to their head.
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    edited December 2011
    If you have a Ritz camera(or any actual photo processing places) near you I would try there. They specialize in photos and would know the copyright laws about reproduction. I am pretty sure that the images being as old as they are would make them printable.
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    jemmini6jemmini6 member
    5 Love Its Name Dropper First Comment First Anniversary
    edited December 2011
    Unless there is a photographers emblem on the picture, how can they tell if it was professionally taken?  My FI is an amateur photographer and his photos definitely look professional, so how could they know?

    Seems ridiculous to me, but I would suggest just trying another photo place.  Walmart doesn't exactly have the most sense with those things (there was a family here who had CPS take their children into protective custody because the parents printed bath photos of their 1 year old....)
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    edited December 2011
    If you want to try not paying as much first, though wolf could probably due restoration, try going to shutterfly.com. I printed my save the dates there and had no fuss, and they arrived a few days later in what I felt was a nice quality. My mom printed her save the dates at walmart one hour and they gave her a hard time. You just need to click a box at shutterfly saying you have the rights, no one calls you/harrasses you.
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