Copywrite Issues and Professional Printing problems - SBB Digital Scrapbooking Forums | Scrapbook-Bytes

Dena · #1 (**permalink**) 03-25-2005

I really need some help here..........
I sent in a layout to ofoto.com to have enlarged to a photoposter for my own personal use. It contained a photo that "I" took along with some of Anna Apsens backgrounds and word art from her cd. I got an email back from ofoto saying they think it contained some copywrite issues and they could not print it. I sent them an email asking them why. I didn't recieve a reply.....but they sent me a consent form saying that I would have to give them permission to print the images in order for them to print it. Below is the requirments that I would have to sign. OK.....since some of the images (images - meaning the digital kit that I used in the layout) are NOT mine except for the photo (the photo I TOOK).....That means I Cannot sign the form to have it printed right? Can I infact get into trouble if I sign the form and had it printed anyway? Can someone give me insight here. I can see where THEY will be making money to print it for ME..... But it is for my own personal use. I am a bit confused here. I could recreate the layout and use my own digital stuff .....but I do enjoy using other peoples digital kits because it is faster and easier! Can I NOT have layouts printed for my own personal use and use other peoples digital kits and have it printed for my own personal use without running into copywrite issues? I want to know if I can get sued from having layouts printed (using other peoples digital kits)???????????????????

Dena

(Printing Consent Form)
KODAK IMAGING NETWORK, INC.
PRINT CONSENT FORM
This Print Consent Form has been provided to you by Kodak Imaging
Network, Inc. to document permission to print images contained in the
order. The original photographer owns the copyright in
any photograph, unless the photographer has licensed or sold those
rights. The copyright owner of a photograph is entitled to control the
making of any copies of the applicable image. We wish to confirm with
you, in writing, that you have the right to print the images provided to
us in the order described below. We will rely on your statements in this
Print Consent Form in processing your order.

kimberlynsmommy · #2 (**permalink**) 03-25-2005

It would seem to me that when you purchased the kit you were given the right to print for your own personal use. They say "We wish to confirm with you, in writing, that you have the right to print the images provided to us". As far as I can see you have the right to print it, so I would probably just sign the paper, send it back and see what happens.

fox-myers · #3 (**permalink**) 03-25-2005

Most digi-kits contain a terms of use file. I know that Anna usually includes these with her kits. The terms of use will tell you EXACTLY what that designer allows their kits to be used for. Personal use is ALWAYS okay. Heck, who would buy a kit if it wasn't okay to use it.

I'd sign the form and send it back to ofoto. If they give you any more grief I'd send them a copy of Anna's terms of use. That should take care of things.

Good luck getting your work printed!

HeatherM · #4 (**permalink**) 03-25-2005

Remember, these companies are just trying to protect themselves. The fines levied on copyright law offenders are extremely serious. No one wants to intentionally break the law anyhow, it's not good business or good for the photographers who make a living from their images. And while there may be some flaws in the way it works, there really is no better way to determine whether or not something has a copyright on it -- photographers are not required to mark their images in order for them to remain protected.
And, besides, if all of the work is yours, it's perfectly ok to sign a copyright release. Look at this as a compliment

! It's actually one of the joys of the job to print things for folks who care about the photos they are taking, most of the stuff we do is pretty ho hum. If someone in my town brought me some of their digi scrapping to print, I'd be thrilled!!

Dena · #5 (**permalink**) 03-25-2005

Thanks for everyones insight here! I really appreciate the help!
Dena : )
(who is much happier now that I "might" get my layout printed!)