quick "photo copyright" kind of question!

jexygirl

Hey guys - just want some no hassle straightforward what would you assume /consider type answers, without the bogging down that has been so done in other threads it doesnt need to be revisited!

Someone wrote a fantastic trip advisor review on us about 2 months back, and also posted 4 pics that they took of us /views /rooms etc whilst here. One of which is superb, taken from our beach, with our boats in it, complete with web addy on them, inn in the background, and behind that mountains... you get the picture - literally - its a great pic!

They posted that pic on an internet site viewed by millions along with their review. The review was the first they had posted, so they had to register to post it, and I doubt they check the TA site for mail. Also, if, like me, registering for something like that, I would give a rarely checked spam to register email addy.

So... I want to use that image on our facebook page and also our website, and potentially some other local advertising, as it is such a lovely image. I have tried to contact the user several times over the last couple of months via trip advisor, and because the user name is anon, and it is totally different to any email we have stored, and even cross matched with the circumstances, are not as unique as you would think ("surprise birthday treat for the gf /mrs /hubby"). I have had no reply - which leads me to think they have not checked the random email they registered with!
If the answer was no, there is no problem in telling me - the same as yes or any other variation, which I clearly point out in the email I sent.
So, I would like to use the image, that the photogrpaher ( who may or may not be a pro!) has freely posted on a huge website, viewed by millions, as part of their review of us, which they specifically registered with, in order to very positively review us.

If they had not responded to your request, under these circumstances, would you use the image? I will ofc credit it to the only user name I know.

Jex

steve1980

It's a real grey area. Personally, they have posted on a website that would appear not to have a photograph copyright paragraph anywhere so it's free usage.

Secondly, what is the actual quality like? I assume if it's a 8meg picture it would have been compressed down to a 150kb picture for the website.

If only I were near you......:D

paddyrg

The copyright belongs to the photographer unless they actively try to dispose of it. What you could do is to use the image, with a note on your website next to the images asking for the photographer to get in touch, and keep a few hundred quid in an account somewhere to buy a license. Basically, use the images, if they come knocking, say how you tried to get hold of them many times, and want to buy a license, maybe in exchange for a couple of free nights (cheaper and nicer than offering just cash), or a bit of cash. Maybe they will get funny and demand you take the photos down, in which case you will, no harm done. But more likely if they see their pics on your site with a note to get in touch, it'll be an amicable finish!

texranger

paddyrg wrote: »

The copyright belongs to the photographer unless they actively try to dispose of it. What you could do is to use the image, with a note on your website next to the images asking for the photographer to get in touch, and keep a few hundred quid in an account somewhere to buy a license. Basically, use the images, if they come knocking, say how you tried to get hold of them many times, and want to buy a license, maybe in exchange for a couple of free nights (cheaper and nicer than offering just cash), or a bit of cash. Maybe they will get funny and demand you take the photos down, in which case you will, no harm done. But more likely if they see their pics on your site with a note to get in touch, it'll be an amicable finish!

Yes the photo copyright belongs to the photographer.

you could use the photo, but you would need to © Joe Bloggs under the photo < replace joe bloggs with the name of the copyright holder> as you dont hold the rights to display the image, still try to contact them about this. if you have the © under the image they will be more inclined to allow you to use this as you acknowledge them as the © holder and yes give them a couple of days free as a thank you, me personally would have no problems as i would be chuffed my photo is good enough for the hotel to use on their site.

Amatheya81

You cannot use the photo without the express permission of the photographer. I am a freelance artist and I can assure you that this is not a grey area and useing it without his permission could land you in a lot of hot water. For example if he finds out that you have used it without his pernission he could charge you a usage fee or a copy right fee backdated to the time that you started using it. If he took you to court he would win.

Keep trying to contact the photographer and if you can't get hold of him you will just have to accept that you cannot use the photo.

MFSaver

Above poster is right. Safer to take your own photograph.

jexygirl

many thank yous for all replies

serious_saver

Why don't you run a competition for the best photo of your hotel. You could offer a couple of free night's accommodation to the winner and people could enter by posting photos on your facebook page. That way you get a whole selection of photo's that other people have knowingly posted on your facebook page.

If you do decide to use a photo without knowing who the copyright holder is then make sure you hold back some money to pay them should they get in touch. Also be prepared that you might have to take the photo down AND still pay the money.

moonrakerz

jexygirl wrote: »

and also posted 4 pics that they took of us /views /rooms etc whilst here. One of which is superb, taken from our beach, with our boats in it, complete with web addy on them, inn in the background, and behind that mountains... you get the picture - literally - its a great pic!

There may be slightly slightly more to this than meets the eye.

The copyright of a photograph does belong to the photographer, unless he is working for/being paid by a third party.
However, if the photograph is taken from private property ("our beach" ?) and the copyright holder "publishes" this photograph, he may lay himself open to legal action by the owner of the property. Just because the owner of the property allows photography to take place does not mean that the photographer has unfettered "use" of the photograph. Strictly speaking, these photographs should not have been "published" without your permission.

I have just produced a calendar for the local branch of a large nationwide charity, one of the photographs I used was taken from the property of a large commercial "theme park" type operator. There must be millions of photographs taken at this site every year; permission to take photographs is given "by default".
However, I had to ask the permission of the operator of this site to use this particular photograph. The Calendar states that all the photographs are my copyright but that the photo of ***** was "used by kind permission of *****".
I have agreed to supply a copy of this photograph to the site owner. They are free to use it for advertising purposes - BUT if they wish to use this for revenue raising purposes they must contact me first to arrange a suitable agreement.

It is not as simple as it first appears !

serious_saver

moonrakerz wrote: »

There may be slightly slightly more to this than meets the eye.

The copyright of a photograph does belong to the photographer, unless he is working for/being paid by a third party.
However, if the photograph is taken from private property ("our beach" ?) and the copyright holder "publishes" this photograph, he may lay himself open to legal action by the owner of the property. Just because the owner of the property allows photography to take place does not mean that the photographer has unfettered "use" of the photograph. Strictly speaking, these photographs should not have been "published" without your permission.

I have just produced a calendar for the local branch of a large nationwide charity, one of the photographs I used was taken from the property of a large commercial "theme park" type operator. There must be millions of photographs taken at this site every year; permission to take photographs is given "by default".
However, I had to ask the permission of the operator of this site to use this particular photograph. The Calendar states that all the photographs are my copyright but that the photo of ***** was "used by kind permission of *****".
I have agreed to supply a copy of this photograph to the site owner. They are free to use it for advertising purposes - BUT if they wish to use this for revenue raising purposes they must contact me first to arrange a suitable agreement.

It is not as simple as it first appears !

This is assumes that the photograph was taken on private property. If a photograph is taken of private property but from a public place then this doesn't apply.

InsideInsurance

steve1980 wrote: »

It's a real grey area.

Its not a grey area at all, but it can be complex.

You say it has been uploaded to a third party website? If it has then read the terms and conditions of that site. In many cases user contribution based websites claim copyright on all materials submitted to it (though some just claim a license). If this is the case then the site itself would be the one to approach to ask for permission to use the photo.