Editorial Use - Does it apply? Facebook.

I'm currently pursuing a possible photography side business. I recently took a trip to a Spa/Resort (personal trip..for now - maybe after this it will become a tax write off!). While there, I took some photos. I posted one of the photos on the Resort's website (as I thought it might one they would want to publish).

Along with the post, I put a small title then, my name, and "Copyright 2011". The photo also had my copyright (however, and I don't know if this is a problem. My trial of lightroom was still set to 2010, so it had my initials and 2010).

They have now RE-posted the photo, as an advertisement. However, they reposted my title, my copyright text, and tagged me as the photographer in the picture. Actually, it appears they somehow referenced the photo that I posted?

Should I contact them regarding compensation for use? Is this an infringement? Should I have done something prior, or NOT posted it on their Facebook page? Is that somehow a gift to use freely on Facebook?

FYI - I'm not looking to stick it to the Spa, I'm looking at it as an opportunity to possibly establish my first business relationship. Obviously, if this is a major screw up on my part, I have Copyright law to investigate prior to establishing the relationship.

I would think that you should first check the terms and conditions of the Spa's website. If you posted to that site and they had something in their that gave them use of photos posted you could be hooped. There is nothing wrong in writing to them and requesting what you want. Nothing ventured, nothing gained.

Buchinger wrote in post #11829737
I posted one of the photos on the Resort's website (as I thought it might one they would want to publish).

so you gave it to them for free in hopes that they might publish it, and now they use it and you want compensation?

Sorry, I made a typo, but it may be an important detail. I posted it to their Facebook profile not their corporate website. Obviously I'm very new to all This ans plan on dedicating time to learning these rules. I can simply delete the photo, but didn't want to go that route.

I was able to delete the photos from their page and the reference to it disappeared.... I guess if they liked it enough to reference it, can't hurt to contact them. Is there a better place to learn about pricing, contracts etc. I've started on the stickies, But its very difficult searching through all the old threads to find the good stuff!

Do most of you hire lawyers to draw up contracts and copyright forms or are there standard forms available?

I think there is a big difference between posting images on your site vs posting on some other site such as Facebook. Post a good image on FB and know it's going to get used (good or bad).

If their reference to it disappeared, it sounds like they "shared" the image. I don't believe that violates Facebook's TOS or any copyright laws, because you posted the image and gave facebook permission to display the image.

If they downloaded, and uploaded it on their account, that would be more of an issue.

Their sharing of your image is just giving you publicity, if you didn't want it seen by the public you shouldn't have shared it on their FB page. But I don't see anything illegal or unethical here. (not a lawyer or copyright expert)

Buchinger-

If your goal was to get compensation or future assignments from the Spa, I'm sure you have realized that your tactic of posting it to their FB was a very poor decision. While their use of your image in an advertisement without compensation is an infringement, you failed to negociate terms before you provided them the image. The better approach is to find out who the marketing staff is at the business, send them an email with small watermarked photos available for licensing, and work on negociating the terms before you provide unwatermarked images.

Creating a positive business relationship requires expertise, clear communication to decision makers, and successful negociation. You need to clearly understand the legalities of copyright laws, licensing, and contracts to avoid making more mistakes.

-Scott