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FORUMS Photography Talk by Genre General Photography Talk 
Thread started 25 Oct 2012 (Thursday) 07:17
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*Jayrou
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Oct 25, 2012 07:17 |  #1

Hope this would be a suitable place for this, please move if not..:)

Does anyone have and tips on how to approach a hotel in Tenerife Spain, that's taken upon themselves to use my image on hotel booking sites?

About 6 months ago by a Graphic Designer in Spain about the use of the image for a flyer relating to the Hotel, but was crying poverty with his budget.

So just for a laugh, I said 'a week stay in the hotel and he can use the image' (For this project only)... he contacted the new owners of the Hotel who were delighted to accept my odd proposal...I haven't taken it up though,too busy and to be honest didn't even like the place.

I can imagine your eyes are rolling at that part..:) :lol:

Anyway to cut the story short.. I for some reason done a image search on the Hotel name only to discover my image, linking back to Expedia.com amongst other sites like Hotels.com , laterooms.com (external link) etc.

I contacted the designer who says he was shocked by my email and didn't know they had done this, he then got in touch and told me the hotel would be in touch with me, they still haven't.


Let me finish off by saying this is not life and death to me I'm not pro and have not lost sleep.. it has ****** me off a little though.


Wondering how to proceed?

Thanks


James
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RichSoansPhotos
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Oct 25, 2012 07:46 |  #2
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A lawyer is what you need




  
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*Jayrou
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Oct 25, 2012 08:00 as a reply to  @ RichSoansPhotos's post |  #3

Seriously?

Should I not see what they have to say first?, I'm not sure I want or can afford a solicitor.


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Daship
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Oct 25, 2012 08:07 |  #4

Let it go, be proud your image it is being used for something so cool. Whinnning will get you nothing except them taking it down, then no one will see it.




  
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*Jayrou
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Oct 25, 2012 09:32 |  #5

Daship wrote in post #15167211 (external link)
Let it go, be proud your image it is being used for something so cool. Whinnning will get you nothing except them taking it down, then no one will see it.

..Or, a few quid..:D

No i appreciate what you're saying, but I got to mention something., it pretty much amounts to theft...doesn't it?


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IslandCrow
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Oct 25, 2012 09:39 |  #6

I'd probably just take the free week and call it good. Legal fights across international boundaries doesn't sound fun at all. Obviously, an actual lawer could offer more sage advice.




  
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Kronie
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Oct 25, 2012 09:41 |  #7

Its technically theft but if you dont care then so what? Chasing down some hotel in a foreign country to get compensated, what? $50? $100? and then they take your picture down. Your better off finding happiness that someone published an image and take a week vacation.....




  
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*Jayrou
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Oct 25, 2012 09:57 |  #8

IslandCrow wrote in post #15167597 (external link)
I'd probably just take the free week and call it good. Legal fights across international boundaries doesn't sound fun at all. Obviously, an actual lawyer could offer more sage advice.

Thanks for your comment, yes thought about the free week, but the beds are awful, like springs in your back and ultra noisy..:lol:

Kronie wrote in post #15167604 (external link)
Its technically theft but if you dont care then so what? Chasing down some hotel in a foreign country to get compensated, what? $50? $100? and then they take your picture down. Your better off finding happiness that someone published an image.


Thanks, there's a principle involved, I said its not life and death and I won't lose sleep, but that doesn't mean I'm happy.
I was excited when I got my first published so a stolen uncredited image splattered over hotel compare/booking sites doesn't do anything for me.

Saying that,the advice so far seems to be pointing in the same direction.. thanks for your input.


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neilwood32
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Oct 25, 2012 10:17 |  #9

It comes down to what was the specific offer/acceptance.

Did you specifically state that the image was only to be used for the flyer?

If not then it would not be unreasonable for the designer to assume you had granted a license for its use to them. In this case you provided the product, they provided the compensation for the use of the image (the provision of the accommodation - the fact you choose not to use it is immaterial) - contract fulfilled.

If however you were specific, then there is an issue of the image being abused. Simplest answer would be a letter (or email) suggesting a usage fee backed with a notice that if the fee can't be agreed then you will be asked them to cease and desist from using the image.

As said it all comes down to the specific offer


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KirkS518
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Oct 25, 2012 10:25 |  #10

Tell them to include a free dinner for each night to accompany the week stay, as 'punishment' for unauthorized (unauthorised for those of you in the UK) use of the image. Then actually go and enjoy the almost free vacation (holiday)!


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*Jayrou
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Oct 25, 2012 10:28 |  #11

neilwood32 wrote in post #15167762 (external link)
It comes down to what was the specific offer/acceptance.

Did you specifically state that the image was only to be used for the flyer?

If not then it would not be unreasonable for the designer to assume you had granted a license for its use to them. In this case you provided the product, they provided the compensation for the use of the image (the provision of the accommodation - the fact you choose not to use it is immaterial) - contract fulfilled.

If however you were specific, then there is an issue of the image being abused. Simplest answer would be a letter (or email) suggesting a usage fee backed with a notice that if the fee can't be agreed then you will be asked them to cease and desist from using the image.

As said it all comes down to the specific offer

Many thanks for that , I like it, yes I was specific in saying only for the flyer, this was to the Graphic Designer who was courteous enough to contact me first, He was shocked they had used it (Or acted shocked).

Much appreciated


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*Jayrou
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Oct 25, 2012 10:30 |  #12

KirkS518 wrote in post #15167786 (external link)
Tell them to include a free dinner for each night to accompany the week stay, as 'punishment' for unauthorized (unauthorised for those of you in the UK) use of the image. Then actually go and enjoy the almost free vacation (holiday)!

Already done... All inclusive haha:)

Its the beds! imagine a 3 inch mattress twanging all night.

In a bizarre twist, I was emailed by the manager of a Hotel I stayed at in Iceland offering me a free week to go over and take photos of the Hotel!

Swings and roundabouts.


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MikeFairbanks
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Jan 13, 2013 11:07 |  #13

It seems to me you told them they could use the image if you could have a free week and then they said yes. Sure, it was just a verbal agreement, but it sounds like they are more than willing to keep their end of the bargain that you proposed.

You said, "So just for a laugh, I said 'a week stay in the hotel and he can use the image' (For this project only)... he contacted the new owners of the Hotel who were delighted to accept my odd proposal...I haven't taken it up though,too busy and to be honest didn't even like the place."

The fact that you don't like the beds or the hotel has nothing to do with the situation. You told them to go ahead and use the image, and they are willing to compensate according to your terms.

Let them have it.


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Use of image without permission
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