Hi Everyone,
I took photos in Atlantic City multiple times for a few years and uploaded them to Flickr or Wikipedia, which aren't the best, But a hotel started to use one of them and failed to provide credit, a few years ago I worked it out with them and noticed they used another one of my photos again. I tried to contact facebook/instagram because it was posted in both locations and Facebook Inc, doesn't seem to care. I provided them the link to Wikipedia location that It uploaded to and have the Attribution 3.0 Unported CC details link on the page which states free to use as long that credit must be given, I tried to report it after I left a message for the hotel and did not get a response back. I am not sure how clear I could be to them, has anyone else have the same issues?
Hi Andy,
I'm not experienced on Facebook specific guidelines (nor am I an attorney) but the Instagram usage issue is an ongoing one. It appeared a couple months ago that companies could use any member's images without renumeration. But that was recently challenged and the wording was altered.
Just do a search for articles right here on Fstoppers for some guidance.
As soon as you find the current guidelines for Facebook and Instagram your efforts to contact the hotel can go into high gear. It shouldn't be too hard to call and find the General Manager's name or even their General Counsel.
My only recommendation is to be polite (but firm) in your initial contact. Many times it was a low end marketing person who used the image without consent or credit and the Manager realizes there needs to be some compensation. Let them escalate the legal talk as they either correspond with you or not.
Good luck,
EDIT: is the person you origally worked out a deal on the first image not there anymore?
Hi Daniel, I worked it out with the web hosting company. I didn't see the hotel listed on their portfolio, I'll try to reach out, I contacted their Parent company and didn't hear back from them.
Thanks for your help.
At this point, having an attorney send them a C&D letter along with an invoice will be needed.