The trade group sent a wake-up call to the photofinishing industry when, in 1999, it sued Kmart Corp., alleging that the discount store violated federal copyright law by copying images without the permission of the copyright owners.

In 2000, Kmart settled the case by paying $100,000 and agreeing to implement procedures to guard against the unlawful copying of professional photos.

...

Watson said the manager of the photo department "felt" that three of the photos were possibly taken professionally. "I offered to sign anything, but there was just no way around it for them," Watson said. "They were not going to print them.

Man, I hate this crap. People that work behind the counter at Kinkos and Walmart do not understand copyright law and they are not well equiped to make spot judgements about what is and is not illegal. The result is that copyright enforcement consists of "I think you look like a punk kid so I'm not going to copy this." As a rule, I don't use Kinkos anymore because everytime I go in there I have some busybody trying to prevent me from doing business with them.

The absolute most annoying case was when I was required (by law) to make color photocopies of a government ID and the idiot at Kinkos insisted that I was commiting a crime and threatened to call the police.

There is a fundamental policy flaw in this, but I'm not sure where to pin it. The government has never required cash register clerks at these outlets to act as judge, jury, and executioner for copyright law. These companies have gotten sued by copyright owners who were not satisfied with actually suing the person who violated their copyright, but wanted to go after someone with big pockets (very honorable, indeed). The companies settled, partially because its cheaper then a suit, and partially because they didn't have the forsight to go through with a suit.

There ought to be a law which limits the liability of printing services.

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