Microstock Photography Forum - General > Newbie Discussion

Advice / infringement

(1/2) > >>

pfv:
One of my picture was purchased by a hotel, and they used it on their website. They changed the saturation. Thats fine.
But i found the low saturated version in many online journals, using it to illustrate articles about the hotel. They giving credit to the hotel's website as the source of the image.
(The pfoto was taken in a street near by the hotel)
What should i do? Contact each journals to take down the picture?

Sean Locke Photography:
Not worry about it.

SuperPhoto:
While technically you could go after the individual publications and either request they remove it, or compensate you...

Unless you can do this in a time efficient manner and/or have a lot of photos/videos/etc at once you can either remove or get compensated for, I would move on. Otherwise, you'll be spending a lot of energy on something that may not really produce significant results or returns for you in the long run.

unnonimus:
you said: "using it to illustrate articles about the hotel."

if the articles about the hotel are journalism, then this is fair use. you can use any photo without paying and without permission in such a manner.

"Fair use is a legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders."

if the use is advertising (every journal has the same article) then it would be infringement.

ShadySue:

--- Quote from: unnonimus on March 16, 2018, 11:28 ---you said: "using it to illustrate articles about the hotel."
if the articles about the hotel are journalism, then this is fair use. you can use any photo without paying and without permission in such a manner.

--- End quote ---
Totally wrong, or else where would the market be for editorial photos?

Clearly, it would depend in which legislation the image was used, but e.g. in the UK, it's called 'fair dealing'
https://www.gov.uk/guidance/exceptions-to-copyright
Clearly 'journalism' would not be allowed to steal a photo under these exceptions.

Nor under US 'fair use'
https://www.copyright.gov/fair-use/more-info.html

Obviously other legislations might be different, but as the OP didn't provide us with that detail, your answer was erroneous, unnonimus, as usual.

Navigation

[0] Message Index

[#] Next page