The other day my kids came home from pre-school with a portrait package taken by a professional photographer at their school. I notice a warning prominently displayed on the order form: "It is a felony to scan professional photographs without authorization."
I clearly understand that I should not be allowed to scan the photographs and then return them without purchasing them. If I buy them, however, I would expect that my ownership of the photograph would allow me to make copies for myself in the same sense that I can make copies of a CD that I own for my personal use.
In thinking about why this would not be allowed, my first thought was that the photograph is on paper, not digital. But I immediately realized that other media that falls under fair use is not digital either: vinyl albums, cassette tapes, VHS tapes.
I know that many photo printers will not print photos that they suspect of being professionally taken. Is this because the law is on their side or simply to avoid the possibility of a lawsuit?
My question then is this: Is it fair use to scan, print, and otherwise use for my own purposes a photograph taken by a professional photographer?
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