I have an on ride photo from Shivering Timbers and my family wanted copies of it. I scanned it into my computer, put it on a flash drive, and brought it to Meijer to make some copies of it. I made a few copies of it and one of the employees was walking buy and told me I was not allowed to have these because that picture belongs to Michigan's Adventure. Are they allowed to deny a purchase of photos like this? Is it against the rules to make copies of the on ride photos? It's not like I took a picture of the screen, I bought the photo. This just made me really mad as its MY photo of ME, just because we are on their ride doesn't make it property of CF does it? What if I were to take a picture of me in front of a fan and photoshopped a frame around it to make it look like I was on a coaster? If anyone knows the policies, whether that is allowed or not, please let me know.
I would say this is the same situation as photos from a wedding...a professional photographer takes them, you order/pay for them through the business but aren't allowed to just buy one of each and go back to your local store and make multiple copies for other people. There's still a copyright by the photographer/owner.
You bought a copy of the photo, not the rights, so yes. Unless there was a sign saying they sold you the rights, which I doubt as most parks post signs stating they can use your on ride photo for park promo.
I guess the difference in whether the park 'cares' or not is in your intention- is it for personal use or for commercial display? We know you just wanted copies for friends and family- Meijer, however, is covering their own ass because they can't be sure. They are compelled to forbid you from duplicating photos that are legally copyrighted.
The digital age has made this issue prickly. Back in the day of film photography your wedding photographer might sell you negatives for an increase in fee. He or she was essentially selling you the rights to the photos at that point, and you could do what you wanted with them. Now that we have images on discs and duplicating is easier than ever, they will frequently watermark the photos so you can't copy them.
We've all known and seen folks who have posted images of copyrighted material to social media and fan sites, so what's the harm, right? The copyright laws are designed to protect the work of the original artist or photographer and even though it's just an amusement park bot, and the park will not likely come after you, that eagle-eyed Meijer employee made the right call.
These guys gave great responses. I'll be more blunt.
It's no different than making a copy of anything else you bought that someone created with the inention of commercial use and giving it to people (music, software, movies, whatnot).
Here's the point of contention:
cpfan2013 said:
This just made me really mad as its MY photo of ME...
No, it's THEIR photo of YOU...
...just because we are on their ride doesn't make it property of CF does it?
Nope. It's their property because they created it...for commercial purposes. The idea is that you'll like it and buy it. And if you like it enough to want to give a copy to others (again, what they hope when they take it) then the assumption is that you'll buy more and pay THEM for it, not Meijer.
What if I were to take a picture of me in front of a fan and photoshopped a frame around it to make it look like I was on a coaster?
Then that would be something YOU created and you'd be free to do with it as you like.
It wouldn't hurt to politely email the merchandise manager at MIA and ask if they would authorize reprinting of the photo. I know of another park that has generously granted such a request.
I had a similar experience with on-ship photos with Carnival Cruises. After doing a little online investigation, we found an email address where you could request a rights release. We had it a few hours later and printed copies at Walgreens with no problem.
Another option is to buy photo paper and print them yourself at home.
This is exactly where existing copyright law goes way overboard into insane territory. If I physically purchase something, it is mine to do what I darn well please with. I've paid you for the product you're offering, I now own it. You've made what you desired to make out of the deal and no longer hold ownership. That should be the end of it.
And then one day you find ten years have got behind you
No one told you when to run, you missed the starting gun
Not in this case, sorry. Like Gonch said above, by illegally copying this photo you infringe upon the right of the amusement park to conduct further business by offering you additional copies.
Other amusement park related examples come to mind. If the park takes your picture at the gate they hand you a claim ticket. You can stop by the booth later in the day and view your keyhole photo and purchase some, lots, or none. If you forget, or pass the first time, you can use the ticket on line to order, and pay for, copies. It was the same with the professional photographer's pictures at Disney. It was even the same when we had our photo taken with Reba McIntyre at a meet and greet. We never own these photos, we're only holding a copy, and the only right we have is to purchase more copies. The law is designed to protect the photographer and their business, they're surely not offering these services as a courtesy and neither would you. Just think- if it was a wide open market out there we'd no longer have photographers or artists.
The territory is the same, no matter how large or small.
It's strange how culturally we have two extremes. Decades ago the content owners flipped out over VCR's despite them being a reasonable concession to let people use the content when they were ready. Now we have individuals who think no content (especially music) is worth anything. It all costs someone, somewhere, something to create. Why don't people get that?
Jeff - Editor - CoasterBuzz.com - My Blog
I had a similar issue at a local CVS a few years ago; I just went back a few days later and a different crew was working and didn't say a thing. Since you are mostly dealing with $8/hour workers, the rule is enforced pretty inconsistently.
Or at least that is my experience.
Oh, see, I have a picture in my head of some Meijer employee who LIVES to bust people and can't wait for the next one. Makes his whole day. Keeps a tally on the inside of his locker door. High fives the other guy when he catches one. Treats himself to a fried chicken lunch from the deli every time it happens. Turned down a promotion because he can't imagine going without the rush of shaming people and ruining their days.
That's who cpfan2013 met THAT day...
Is it even possible to purchase another copy after you leave the park to do this legally?
This topis is why I liked the 'deal' that SFGAm (and I presume other SF parks, too) had this summer where you buy one of their flash drives ($28, IIRC) at their photo booths and you can buy pictures for $1 each the remainder of the year. On the flash drive is a media release form stating you have permission to reprint the photos.
--George H
That is a deal, and sounds like a win/win - how much is the flash drive? They've gotten wise to the fact that most of us won't purchase cumbersome ride photos and won't visit a website for reprints. I'd bet that sales like that are generally impulse items, not so much after the fun of the day has worn off. So, they entice us with the ability to reproduce copies ourselves. Plus we're more likely to keep coming back all day for more and different ride photos if they're only a buck and we have a place to store them that will fit in our pocket or hang from our keys. They get a lot more ride photo customers that way, I'm sure. Smart.
I may be wrong but I seem to remember KI offering a flash drive and it was high, like over 25 bucks or something.
Edit: oops, I see now where you mention the price was around 28 bucks. Never mind, k bye.
RCMAC said:
That is a deal, and sounds like a win/win - how much is the flash drive?
(snip)
I may be wrong but I seem to remember KI offering a flash drive and it was high, like over 25 bucks or something.
redman822 said:
(snip)
you buy one of their flash drives ($28, IIRC) at their photo booths and you can buy pictures for $1 each the remainder of the year.
(snip)
:)
--George H
You must be logged in to post