Legal Question in Technology Law in Pennsylvania
copyright law
A friend of mine gave me a CD containing pictures that he took of my wedding. Keep in mind these are not professional photos. He said I could print the photos and distrubute them to my family. Is this considered transfer of copyright or do I need something in writing? Do I now have the right to do what I want with the photos? I am just curious because an in store photo lab would not allow me to print these photos on a photo kiosk. They accused me of trying to print professional photos. They said I need to have my friend fill out a form giving me permission to print the photos. Isn't handing me a CD and giving verbal permission enough to give me legal rights to the photos?
1 Answer from Attorneys
Re: copyright law
As far as your friend is concerned, he would be fine with you printing these off at the kiosk. However, he would still own the copyright--the ownership rights that are created in the medium (film images, book, painting, etc.) when it was created. He is really giving you a limited license to print those photos for the intended purpose.
Although the verbal statement is legal sufficient to convey this license to you, the lab has no way of knowing that he ever gave you this verbal license. CDs of images are easy to rip off of the internet today, and that is why they need this photographer's release in writing. I give them a virtual high five for playing heads-up ball, as this should be standard operating procedure wherever photos are printed.