Forums > Off-Topic Discussion > Wal-Mart destroys photos? Is that legal?

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

So, a friend of mine took an old roll of black and white film into Wal-Mart to be developed, and it turns out there were a few tasteful nudes on the roll, and the rest were nudes that didn't show anything, as they involved props and what not.When she went to pick them up, walmart had printed 4 of the images, and destroyed her negatives. When the clerk handed her back her photos, she said "we don't dont do pornography".

She's mad, but if it was me, I would have gone nuclear! Can they even do that? To me, it's destruction of private property, and at minimum, they should have returned her negatives if they weren't inclined to print them.

I realize people might say "she shouldn't have gone to Wal-Mart in the first place", but she's not a professional and can't develop her own film.

Anyways. I just think it's horridly bastardly of Wal-Mart to do, and if it happened to me, I'd seriously go in there and start breaking things. And at 7'1" and 240 pounds, I can do a good job of it.

Jan 03 06 03:32 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

Your friend probably has a pretty good case.

7'1"??? What the hell you doing photography for! Get on the basketball court! Damn!

Jan 03 06 03:34 pm Link

Photographer

B R E E D L O V E

Posts: 8022

Forks, Washington, US

WOW !  I have had them hand me the negs back with no prints but never ever destroy the negs !  She needs to talk to an attorney.

Jan 03 06 03:35 pm Link

Photographer

R. Olson (RO)

Posts: 971

Seattle, Washington, US

photiesto wrote:
So, a friend of mine took an old roll of black and white film into Wal-Mart to be developed, and it turns out there were a few tasteful nudes on the roll, and the rest were nudes that didn't show anything, as they involved props and what not.When she went to pick them up, walmart had printed 4 of the images, and destroyed her negatives. When the clerk hander her back her photos, she said "we don't dont do pornography".

She's mad, but if it was me, I would have gone nuclear! Can they even do that? To me, it's destruction of private property, and at minimum, they should have returned her negatives if they weren't inclined to print them.

I realize people might say "she shouldn't have gone to Wal-Mart in the first place", but she's not a professional and can't develop her own film.

Anyways. I just think it's horridly bastardly of Wal-Mart to due, and if it happened to me, I'd seriously go in there and start breaking things. And at 7'1" and 240 pounds, I can do a good job of it.

Actually something similar happened to me about a year or so ago. I took a roll of film (roll of 36) that had one shot that showed a nipple and when I came back to get them an hour later, they said their machine "ate" the film. I was quite livid since it was an out of state model who flew in just for me and left the same day for Cali. I take my stuff to Costco now, cheaper and quicker.

Jan 03 06 03:35 pm Link

Model

BQueenGirl

Posts: 340

Belleville, Michigan, US

i would have gone berzerk.

Jan 03 06 03:36 pm Link

Model

Horsie Girl

Posts: 1453

Santa Rosa, California, US

That is just wrong!

Jan 03 06 03:40 pm Link

Model

~*Isabel Aurora*~

Posts: 5778

Boca del Mar, Florida, US

I already can't stand the little heffer that works at the photo center...just let her give me one tiny reason to start swinging and I will be over that counter before you can say "would you like doubles?"

Jan 03 06 03:40 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

String her up by her smock!

Jan 03 06 03:40 pm Link

Photographer

eg

Posts: 1225

Miami Beach, Florida, US

Usually when you take your film to develop to any of these (generic) labs, the best thing to do is ask to talk with the manager and say you're gonna develop some explicit shoots to see if they are ok with that or not, best ed

Jan 03 06 03:43 pm Link

Photographer

Mac Wolff

Posts: 3665

Litchfield Park, Arizona, US

I cant believe it !!!  Thats Horse SH__ !!

Jan 03 06 03:44 pm Link

Photographer

Arizona Shoots

Posts: 28657

Phoenix, Arizona, US

wolff wrote:
I cant believe it !!!  Thats Horse SH__ !!

She was probably bitter cause she wasn't chosen for Playboy's Women of Wal Mart edition. For those who don't know, Playboy did actually do a layout like this. And Women of Home Depot, and Women of McDonalds

Jan 03 06 03:47 pm Link

Photographer

Lens N Light

Posts: 16341

Bradford, Vermont, US

R. Olson (RO) wrote:

Actually something similar happened to me about a year or so ago. I took a roll of film (roll of 36) that had one shot that showed a nipple and when I came back to get them an hour later, they said their machine "ate" the film. I was quite livid since it was an out of state model who flew in just for me and left the same day for Cali. I take my stuff to Costco now, cheaper and quicker.

I can't believe you would fly in a model do a whole shoot and then take the film to a bargain basement joint to get developing done.
I guess that's another undoccumented advantage of MF. You can't get it done at Walmart, or Costco, or any other of that genre that I know of

Jan 03 06 03:48 pm Link

Photographer

Chris Oakley

Posts: 127

Cocoa, Florida, US

well the best bet is to take it to a different lab that dont care.. i believe they destroying the negs was there mistake.. and i believe you can hold them liable for damages to income due to it.. they are your property and your copyright.. take a lawyer about it.. also if there isnt a sign stating that they will not print or develop negs of explicit nature.. then sue the shit out of them.. there was a lawsuit against mcdonalds cause a lady spilled coffee on her.. and she won cause the cup didnt say caution hot contents..

chris

Jan 03 06 03:48 pm Link

Photographer

StMarc

Posts: 2959

Chicago, Illinois, US

I suspect that the little envelope your friend filled out when she dropped off her film limits Wal-Mart's liability for any and all losses up to and including purposeful destruction to the cost of replacing the roll of film.

M

Jan 03 06 03:50 pm Link

Photographer

John Swoger

Posts: 192

Peoria, Arizona, US

I think they should have just charged her for the developing of the negative, returned the negatives, and sent her on her way, not destory the negatives. What probably happened is the pimple faced kid behind the count probably keep the negatives for entertainment reasons.

One more reason to shoot digital.

Jan 03 06 03:51 pm Link

Photographer

John Lavery

Posts: 304

Manchester, Connecticut, US

One of the reasons I shoot digital...

Jan 03 06 03:53 pm Link

Photographer

Stu

Posts: 222

Atlanta, Georgia, US

Its Walmart what were they thinkin??

ditto to digital.

Jan 03 06 03:55 pm Link

Photographer

Harrison Sweazea

Posts: 986

Jefferson City, Missouri, US

fashion industry inc wrote:
Usually when you take your film to develop to any of these (generic) labs, the best thing to do is ask to talk with the manager and say you're gonna develop some explicit shoots to see if they are ok with that or not, best ed

Yep, I'd definitely agree with that...but a few years ago, I shot some nudes at a cabin on a campground, we went into town to a little one-hour photo developer. I asked if they developed nudes, and the kid behind the counter said, "Sure!!"

When we went back, the three guys working in there had clearly made sets for themselves and were standing around looking at them. They had mine in a different envelope, but I know they were looking at my shots by the look on their faces.

Hooray for digital!!

Jan 03 06 03:56 pm Link

Photographer

lll

Posts: 12295

Seattle, Washington, US

WalMart is now the guardian of so-called morality?  That's news.

Ditto the above comments.  Why do you have films developed at WalMart/Costco?  There is no prolab in the area?

If they admitted that they intentionally destroyed the negatives, I think you have good legal recourse...

Jan 03 06 04:00 pm Link

Photographer

Voice of Reason

Posts: 8741

Anaheim, California, US

This is just an outrage! People taking their photography seriously trusting their negs to Walmart???

Jan 03 06 04:03 pm Link

Photographer

R. Olson (RO)

Posts: 971

Seattle, Washington, US

lll wrote:
WalMart is now the guardian of so-called morality?  That's news.

Ditto the above comments.  Why do you have films developed at WalMart/Costco?  There is no prolab in the area?

If they admitted that they intentionally destroyed the negatives, I think you have good legal recourse...

There is one near me but I dont like spending $20 a roll just to get the negatives and a CD of the images. Waste of money in my eyes.

Jan 03 06 04:04 pm Link

Photographer

BCG

Posts: 7316

San Antonio, Florida, US

dont know what the canadian laws are, but you should have recieved your negs back.

Jan 03 06 04:09 pm Link

Photographer

lll

Posts: 12295

Seattle, Washington, US

R. Olson (RO) wrote:
There is one near me but I dont like spending $20 a roll just to get the negatives and a CD of the images. Waste of money in my eyes.

I guess that depends on the value of the images.  $20 is worth it for 1) quality control (chemical and machine maintenance), 2) no judgement on your work and 3) kind of linked to 1, consistency of results.

I would never, ever trust some barely trained people on a general machine with my negatives, forget it.

Jan 03 06 04:12 pm Link

Photographer

64470

Posts: 5

Astoria, New York, US

F Wal*Mart

Jan 03 06 04:14 pm Link

Photographer

Dee

Posts: 3004

Toledo, Ohio, US

OK I have to defend walmart...I would NEVER take my film there, but I have printed sooo many digital images there...and they are of awesome quality...and VERY cheap...But I would be super pissed if that happened to me too!!!

I have also printed nudes there without a problem...So sorry that happened to your friend....someone said above... to talk to the manager if there will be explicit or even implied nude images and you shouldn't have a problem.

I have tried several diff places to process film and MOTO PHOTO SUCKS...got my negs back ALLLLL scratched up pics werent anywhere near the right color...could it have been that one of my fellow classmates worked there and was jealous...LOL YEAH !!!

Jan 03 06 04:17 pm Link

Photographer

R. Olson (RO)

Posts: 971

Seattle, Washington, US

lll wrote:

I guess that depends on the value of the images.  $20 is worth it for 1) quality control (chemical and machine maintenance), 2) no judgement on your work and 3) kind of linked to 1, consistency of results.

I would never, ever trust some barely trained people on a general machine with my negatives, forget it.

Actually the reason I go to Costco is that a photographer who helped me start out recommended them and actually worked on their machines. Well the $20 isnt fit right when you spend $5 per roll for purchase to begin with. If I got more paid work, it would be different. But I see your point

Jan 03 06 04:19 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

It's horse shit but completely legal.  Part of the agreement you get when you submit your roll basically makes it their temporary property.

Jan 03 06 04:25 pm Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

photiesto wrote:
So, a friend of mine took an old roll of black and white film into Wal-Mart to be developed, and it turns out there were a few tasteful nudes on the roll, and the rest were nudes that didn't show anything, as they involved props and what not.When she went to pick them up, walmart had printed 4 of the images, and destroyed her negatives. When the clerk handed her back her photos, she said "we don't dont do pornography".

She's mad, but if it was me, I would have gone nuclear! Can they even do that? To me, it's destruction of private property, and at minimum, they should have returned her negatives if they weren't inclined to print them.

I realize people might say "she shouldn't have gone to Wal-Mart in the first place", but she's not a professional and can't develop her own film.

Anyways. I just think it's horridly bastardly of Wal-Mart to do, and if it happened to me, I'd seriously go in there and start breaking things. And at 7'1" and 240 pounds, I can do a good job of it.

Absolutely get a lawyer.  Even if the content was illegal, it would stupid of them to destroy them as that would be evidence.   Can you imagine if you had written a book and the only copy you had was torn up by the publisher because they didn't feel it was printable.  This is horrible!!

Jan 03 06 04:32 pm Link

Model

DawnElizabeth

Posts: 3907

Madison, Mississippi, US

IsabelAurora wrote:
I already can't stand the little heffer that works at the photo center...just let her give me one tiny reason to start swinging and I will be over that counter before you can say "would you like doubles?"

Go girl!

Jan 03 06 04:33 pm Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

photiesto wrote:
So, a friend of mine took an old roll of black and white film into Wal-Mart to be developed, and it turns out there were a few tasteful nudes on the roll, and the rest were nudes that didn't show anything, as they involved props and what not.When she went to pick them up, walmart had printed 4 of the images, and destroyed her negatives. When the clerk handed her back her photos, she said "we don't dont do pornography".

Oh yeah, real photographers shoot digital. big_smile

Yes, yes, I said it!!! wink

Jan 03 06 04:33 pm Link

Body Painter

BodyPainter Rich

Posts: 18107

Sacramento, California, US

If you can prove the photos were destroyed INTENTIONALLY, you probably ahve a case. Might be hard to prove though.

I would never take photos to WalMart

Jan 03 06 04:36 pm Link

Photographer

bencook2

Posts: 3875

Tucson, Arizona, US

photiesto wrote:
So, a friend of mine took an old roll of black and white film into Wal-Mart to be developed, and it turns out there were a few tasteful nudes on the roll, and the rest were nudes that didn't show anything, as they involved props and what not.When she went to pick them up, walmart had printed 4 of the images, and destroyed her negatives. When the clerk handed her back her photos, she said "we don't dont do pornography".

She's mad, but if it was me, I would have gone nuclear! Can they even do that? To me, it's destruction of private property, and at minimum, they should have returned her negatives if they weren't inclined to print them.

I realize people might say "she shouldn't have gone to Wal-Mart in the first place", but she's not a professional and can't develop her own film.

Anyways. I just think it's horridly bastardly of Wal-Mart to do, and if it happened to me, I'd seriously go in there and start breaking things. And at 7'1" and 240 pounds, I can do a good job of it.

Those photos are worth millions!  Since the negatives where destroyed...who is wal-mart to say otherwise????????  I hate to sue people...but she needs a good lawyer.  They have every right to refuse her business and NO right take her property.

Jan 03 06 04:37 pm Link

Photographer

PierJes

Posts: 98

Quebec, Quebec, Canada

It's a known fact that Walmart's photo-lab don't accept to print nudes.

Most Walmarts has a sign that says so near the counter ( Well, in Canada, they do )

In this actual case, Walmart had no right to destroy YOUR PROPERTY. They should have given you back the negatives and close the deal right there.

You should seek compensation even if it won't get you much. It's a matter of principle.

Jan 03 06 04:49 pm Link

Photographer

Amanda Schlicher

Posts: 1131

Milwaukee, Wisconsin, US

I have had rolls returned missing prints with a note that says that "one or more pictures on this roll have been deemed inappropriate for printing by our staff," but I've never had negatives destroyed.  I'd say she has a case.

Jan 03 06 05:01 pm Link

Photographer

Geo Silva

Posts: 533

Whittier, California, US

And it's always a grumply old lady that does that, isn't it?  LOL!
It happened to me too, only the pics were of a wet T-shirt contest at a bikers rally.  There was no nudity at all... but she did give back the negs.  What was crazy, is that she printed them all up... then sorted out the pics and gave me the images she thought were acceptible.  I don't know if Walmart has a policy, but judging from the various stories here, I'm assuming it's not very defined and at the discretion of the photo process manager.

Jan 03 06 05:20 pm Link

Photographer

Zachary Reed

Posts: 523

Denver, Colorado, US

i've worked at a walmart and a wallgreens. i would print out anything and everything. got some freaky stuff on the weekends. they're not allowed to destroy anything! and its only supposed to be considered porn if there is penetration or fluid exchange and even then they still have to return your property. if the machine destroys it they are supposed to show you the damaged roll and replace it with a roll of unexposed film. really they're not even supposed to be reviewing your photos. they cant colour correct on the machine. just inserting the negs and wlaking away to start another roll.  the only thing that is reported is child porn.

Jan 03 06 05:22 pm Link

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

DigitalCMH wrote:

Oh yeah, real photographers shoot digital. big_smile

Yes, yes, I said it!!! wink

I shoot digital myself. It's cost effective, and I can don't have to rely on someone else to put as much care and concern into my property as if I would if I was in control of the  development process. In addition, I've found I learn alot faster, as I can set the camera, take the shot, and see the results, rather than forgetting what I was doing by the time I get my prints back a few days later. And let's not forget, I can spin the whole "digital saves the environment by not using chemicals" and what not. wink

Thanks to everyone for their input, I will forward this thread to Alania via e-mail. smile

Jan 03 06 05:30 pm Link

Photographer

NovoCain

Posts: 192

Nanaimo, British Columbia, Canada

John Jebbia wrote:
Your friend probably has a pretty good case.

7'1"??? What the hell you doing photography for! Get on the basketball court! Damn!

No way. I get tired just watching them on TV. I'm a hockey man, myself.

Besides, I'm not terribly athletic, unless being terrible at athletics counts.

Jan 03 06 05:35 pm Link

Photographer

Star

Posts: 17966

Los Angeles, California, US

I went to Costco once and asked how often they balanced their machine?

She said, Do what?

I said send through a control strip and than use their densitometer(sp?) to check their machine's color balance..

She said what is a densitometer?

I said how often do you flush your machine?

She said what?

Costco may have $250,000 Noritsu machines but they might as well be gretags for how they handle them,

Star

Jan 03 06 06:01 pm Link

Photographer

Star

Posts: 17966

Los Angeles, California, US

Zach Watkins wrote:
i've worked at a walmart and a wallgreens. i would print out anything and everything. got some freaky stuff on the weekends. they're not allowed to destroy anything! and its only supposed to be considered porn if there is penetration or fluid exchange and even then they still have to return your property. if the machine destroys it they are supposed to show you the damaged roll and replace it with a roll of unexposed film. really they're not even supposed to be reviewing your photos. they cant colour correct on the machine. just inserting the negs and wlaking away to start another roll.  the only thing that is reported is child porn.

and beasteality(sp?)

Jan 03 06 06:02 pm Link