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Business using my images without permission.
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Hello all, I apologise if this issue has been discussed before.
My knowledge of Photo copyright is limited & having trouble finding info on the issue I have at the moment.
Basically a Bar/B&B is situated in a place I photographed about a year & half ago, I also took a photo of the bar itself. The facebook page for the bar/b&b asked could they use my images on their facebook page & I agreed as long as they put me down as the photo credit & tagged me etc.That was a year & a half ago, I’ve now discovered they are using at least 6 of my photos on multiple sites advertising their place (Tripadviser.ie, qype.ie etc.) & even on their own website. I am currently an amateur photographer but hoping to be a working professional in the near future, any advise would be much appreciated. My first thought was to just ask them to remove my images but clearly they have used them for months now as advertising, is there another option? The images still have my watermark on them so does this mean they are fair game as I uploaded them to a site like facebook? I am not after a quick buck here, I just want to know the procedure and if this is just normal practice in the digital age? Any info on the subject would be much appreciated. Thanks. Conor
website: http://www.condohphoto.com
Facebook: https://www.facebook.com/pages/ConDoh-Photo-Sligo/262046590514069The fact that you said they could use them if they credited you would seem
they have taken it that they can use them full stop, have you contacted them
and pointed out that your permission was for use on their facebook page only?If you say nothing they will continue, but you should point out that you feel
they have taken advantage of you by using them in other advertising.check out the copyright and related rights act 2000
they are your images but the likelihood is they did not appreciate copyright law, after all “they are only pictures” :)
basically if you can prove that you only gave them permission for one use and they went beyond that use or did it for a greater period than your permission allowed then technically they owe you something. whether you get it or not all comes down to your next move.
By the way, getting them to credit you does not pay the bills, it does not help you start a business, it does not get your name out there, it only helps spread the idea that they are “only pictures”. If you do turn pro you will get under cut by people working for exposure, the people you worked for previously just for some exposure will not value your work and as importantly, your future colleagues will have little or no time for you if they find out.
Thanks for the reply guys,
shutterbug Ya it seems that way, they figured if I said it was ok for facebook then it was ok in general, I will be contacting them soon to remove the images from all the sites they have uploaded. Thanks.
brianmacl The problem with proving it is that it was an old version of the facebook groups (pre the likeable pages) so the message seems to be deleted with the group. I dont think there is proof I gave them permission at all. I have come to understand the ‘only pictures’ thing over the last year or so, I no longer ‘give away’ images for a credit. I suppose it was lack of exprience & lack of confidence in photography that led me to just say ‘ya sure use them & thanks'(not a direct quote) as I didnt value my photography at all back then, even though it was good enough to use in advertising a business apparently. I don’t think I can get anything out of it, I probably have less of a chance seeing as I dont yet make a living from photography. I think I will just ask them to remove all the images as they dont have my permission & let them know the error of their ways. Thanks.
Website: http://condohphoto.com
Facebook: https://www.facebook.com/pages/ConDoh-Photo-Sligo/262046590514069I think you’re making a mountain out of a mole hill to be quite honest!
You asked permisson to shoot on their premises & they allowed you to do so.
You then gave them the images & they used them to promote their business.
Would you have preferred they said no? A little tit for tat!
It’s not afterall a multi-national company we’re talking about here.
Is is any wonder half the world is now paranoid about a guy carrying a camera.
Move on & view it as a lesson learned.John17 wrote:
I think you’re making a mountain out of a mole hill to be quite honest!
You asked permisson to shoot on their premises & they allowed you to do so.
You then gave them the images & they used them to promote their business.
Would you have preferred they said no? A little tit for tat!
It’s not afterall a multi-national company we’re talking about here.
Is is any wonder half the world is now paranoid about a guy carrying a camera.
Move on & view it as a lesson learned.Well my lack of knowledge is the reason I posted here. I didnt ask permission, it was public property I was photographing & the photo of their place was also taken from public property. I allowed them to use the images on Facebook where I could be tagged and accredited. Clearly its not a multi-national company its a Bar/B&B. I am not currently a professional so I wont be seeking anything but I believe that business’ other than multi-national companies should also have to pay for others intellectual property in order to use it for advertising and they should know this. They asked permission to use them on facebook so they were obviously aware they cant just take them and use as they want. Is it any wonder many photographers are paranoid about copyright.
your photo , your property ! unless you were commissioned to take the photo for a company and given payment …or you have given them express permission to use a photo in/on a particular place/site and they can prove it in writing …. and being that it is being used as a form of advertising to make them money , i would seriously be having words. either remove the photo or come to some type of agreement as to a payment. i sold a photo recently that was used on a book cover . on the invoice i had to provide in writing every instance in which i was allowing the company to use the image..they could not use it for anything else and i still own the rights . thats the law . all companies have to pay/get permission to use images …not just multi-nationals. was it a business in sligo …im intrigued :-)
your photo , your property ! unless you were commissioned to take the photo for a company and given payment
?????
really???
unless you are employed to take a photo it is your photo or have signed away the rights, if you are commissioned the image still belongs to youid leave it be, because look at it this way, they find the photos good enough for their own advertising, and your looking to move into professional, so you would be using photos of their establishment for your portfolio… plus you already gave permission to use them for advertising on facebook, also uploading anything onto facebook without a digital watermark to stop it from being downloaded again means its fair game to use by anyone…. (could be something in the law against it though but thats my take on things)
John17 wrote:
I think you’re making a mountain out of a mole hill to be quite honest!
well I disagree strongly with this assessment, for some people images are a way of putting food on the table, paying mortgages, looking after your kids. The more people allow the use of their images slide the more it becomes acceptable for businesses to steal the images. just wondering where do you draw the line regarding the size of the business that is allowed to steel your images? 1-5 employees is okay, 6-20 is a maybe, 20 plus employees is a no no?
The Association of Photographer’s Licence document – and why you should use it to avoid misunderstandings down the road…
.. which can be downloaded from their website at AOP Downloads – along with other useful documents & forms.Thanks for the responses & info you guys, its much appreciated. Someone mention to me about talking to FLAC(Free Legal Advice Center) to see if its worth persuing so I might. Checking back on dates it was two years ago I gave them permission to use them on their facebook & a year ago when they appeared on their site. As for the travel sites, they are no longer up there but were a few nights ago so they may have caught wind of something or else its a big coinsidence. I have plenty of screen shots, if they are even any use.
Mick-skyline wrote:
plus you already gave permission to use them for advertising on facebook, also uploading anything onto facebook without a digital watermark to stop it from being downloaded again means its fair game to use by anyone…. (could be something in the law against it though but thats my take on things)
I have good sources who gave me some info on the facebook downloading issue, thought id share here “Facebook’s offices (for all the world, bar USA and Canada) are in Dublin so they must comply with Irish Law. It does not matter where the Company got the photographs from you still own the legal copyright.” & “Facebook can do what they want with any Intellectual Property (ie. photos) a user posts but the user still retains ownership of the IP.” They also are watermarked.
jodal1975 wrote:
was it a business in sligo …im intrigued :-)
Haha, I cant say who just yet. Their response will probably determine whether I do or not.
Ashley wrote:
The Association of Photographer’s Licence document – and why you should use it to avoid misunderstandings down the road…
Cheers Ashley.
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