MicrostockGroup
Microstock Photography Forum - General => Newbie Discussion => Topic started by: pfv on March 14, 2018, 12:38
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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?
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Not worry about it.
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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.
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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.
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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.
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 (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 (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.
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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.
Uh, no. Nope. Uh-uh.
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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.
Fair use...in other words, stealing. Weasel words written by some attorney.
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Over the last year or so, I've come to the conclusion that ignoring everything unnonimus says when it comes to copyright... is a good rule to live by. The advice provided is more often wrong than it is right. At best, it's usually questionable.
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Over the last year or so, I've come to the conclusion that ignoring everything unnonimus says when it comes to copyright... is a good rule to live by. The advice provided is more often wrong than it is right. At best, it's usually questionable.
But the truth has to be told for newbies and lurkers.
Also there's the (probably vain :() chance that he might check the facts before peddling his lies.
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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.
My advice to the original poster .... ignore unnonimus.
His/her advice is at best misleading, and at worst, dead wrong.