I thought this was cool...

Dao · Dec 30, 2009

Did they contact you first for permission?

I had a similar experience that a tourist information site want to use one of my photo in flickr in their site. Of course they will not give me any money, just tag my name with the photo. But they send me a link for approval, so that I can say yes or no.

If they did not ask your permission, I think something is wrong here.

rocdoc · Dec 30, 2009

So, what can he do about it? Can anyone share any details about how they handled this? Do we have any legal recourse when this occurs? I just found several of mine on a site this morning again. If you keep an eye on your flickr stats and look for where the clicks come from, you may find interesting things every day...

robertwsimpson · Dec 30, 2009

yep that's exactly how I saw this. Maybe I'll ask them if they want to host the pictures and I'll put a little watermark on them.

bhphotography · Dec 30, 2009

It's a commercial site, and personally, I'd want to be paid for the photos. Yes they do give you credit, but what they are technically doing is just a web search for photos of their hotel.

I checked your flickr page, and you have it set to "all rights reserved", so technically they would have had to ask you permission before using the photos, credit or not.

robertwsimpson · Dec 30, 2009

they're not going to pay me though. They'll just find some other pictures of the area somewhere else. isn't that how it usually goes?

KmH · Dec 30, 2009

rocdoc said:
So, what can he do about it? Can anyone share any details about how they handled this? Do we have any legal recourse when this occurs? I just found several of mine on a site this morning again. If you keep an eye on your flickr stats and look for where the clicks come from, you may find interesting things every day...

Help! I've Been Infringed!

Dusty1767 · Dec 30, 2009

At the very least you should get credit. If you're not looking for compensation, the recognition should be the LEAST you should get out of it. It could lead to paying work later. Just my $.02.

Dusty

burstintoflame81 · Dec 30, 2009

If they are simply linking to your flickr page then there is nothing you can do about it and it is not copyright infringement. He is merely giving you free publicity. However, if he is making any claims in regards to ownership of the photos or anything like that there is possibility of suing for "liable" especially if this commercial site misrepresents you as having any type of affiliation with it. Like if it was a site for penis enlargement pills and they happened to link to a model photo you have of a scantily clad woman. Then it could be misconstrued that you somehow support this product or could diminish your reputation as an artist or whatever. The best thing to do would be to simply email them and ask that they not use your webpage. If they tell you to piss off then you can take the photos off of your flickr, or better yet, repost them so their links will be dead. If you keep doing that, they will get sick of fixing it.

GeneralBenson · Dec 30, 2009

The bottom line is that they are using something that belongs to you, to make money for themselves, and don't have the decency to compensate you, or even ask if they can use it.

raptorman · Dec 31, 2009

KmH said:
Help! I've Been Infringed!

First question is, has he been infringed?

Perfect 10, Inc v. Google Inc.

[6] and [7] is an interesting read.

Nicholas James Photo · Dec 31, 2009

You seem happy enough that your pics are "out there", so leave it at that.

You could ask for a photo credit though, wouldn't hurt and if it does ever become an issue, make them private on flickr.

I agree with Mulewings that it should be common courtesy to contact you but every time this happens people jump on the "you should charge them" band wagon.

So far you seem happy and I take it that should you want to sell pictures that they would be displayed on stock sites and not flickr.

roadkill · Jan 3, 2010

They are ripping you off. Do you think someone like Kate Moss or Ashley Judd (insert whatever famous person you want) would be ok with an advertiser putting their pics on a product without compensation. Any photographers art should be treated the same.

Vicelord John · Jan 3, 2010

I am in the hotel industry. That website looks like a third party website (not the official one of the hotel.)

That means, either way, they are using your pictures for profit. I'm all for having my pictures in visible places because it gets your name out there. However, your name is not on the photos, so there is no chance that anyone will know they are yours.

I would either request they take them down, or send them new ones with your name on them, and then start watermarking every photo you put online from this point forward.