Unauthorised commercial use

[colinbm]

Fairly sure I'm safe here, but it's an interesting situation. I am not commercially licensed, and do not take photos/video with the intent that they be used commercially.

I took this photo in Edinburgh (United Kingdom) - Colin Burn-Murdoch on Instagram: “More #hdr #drone photos of #edinburgh”

It's been reposted, with attribution, but without asking permission or any payment, by a Hotel/Restaurant that appears - The Edinburgh Grand on Instagram: “If you are looking for cental locations, it doesn't get much more prime than this. The Edinburgh Grand boasts a much sought-after address…”

I feel that classes as commercial use. In the circumstances, I don't think I would be in any trouble, but would they be for using a non-commercially taken photo commercially?

In any case I'm not going to make any fuss with them, but I'm curious if there's any rules broken and by who/how.

 

[frogbmth]

When I attended the police drone training program in Dorset they talked about these kinds of scenario, technically your image now classes as commercial as there is subsequent possible gain from its use in promotional material, but you would likely not be prosecuted as you did not have this intention when it was taken and acted in good faith.
A case of business using your image without permission is misuse under copyright law. However this becomes complex if you publish the image on social media without any message about saying it should not be reproduced. The company would probably argue that the picture was in the public domain without licensing terms.

 

[colinbm]

A case of business using your image without permission is misuse under copyright law. However this becomes complex if you publish the image on social media without any message about saying it should not be reproduced. The company would probably argue that the picture was in the public domain without licensing terms.

I believe that's only a legitimate claim if the copyright holder is not easily identifiable? I imagine if I did ask for it to be removed it would be, but so long as I am safe legally then I don't mind.

 

[colinbm]

Though equally if they could get into trouble I should warn them.

 

[FL1H1]

Fairly sure I'm safe here, but it's an interesting situation. I am not commercially licensed, and do not take photos/video with the intent that they be used commercially.

I took this photo in Edinburgh (United Kingdom) - Colin Burn-Murdoch on Instagram: “More #hdr #drone photos of #edinburgh”

It's been reposted, with attribution, but without asking permission or any payment, by a Hotel/Restaurant that appears - The Edinburgh Grand on Instagram: “If you are looking for cental locations, it doesn't get much more prime than this. The Edinburgh Grand boasts a much sought-after address…”

I feel that classes as commercial use. In the circumstances, I don't think I would be in any trouble, but would they be for using a non-commercially taken photo commercially?

In any case I'm not going to make any fuss with them, but I'm curious if there's any rules broken and by who/how.

It's not commercial if you didn't sell it and don't profit from it in any financial way. Simple as that, probably why they used it as it is technically a breach of copyright but what can you do if you're not licensed to take such pictures? And maybe they feel you didn't ask so why should they? But hey, you get your pic and they get to use it. No ones lost here

 

[flockshot]

Some things that happen in life should not be discussed on a forum. Of course your picture is being used in the "furtherance of a business". Nobody is getting in trouble here, unless you keep telling people about it.
It's like someone going into the police station and confessing to going 15 mph over the speed limit. Forget about it and move on.

 

[beachcombing]

...
A case of business using your image without permission is misuse under copyright law. However this becomes complex if you publish the image on social media without any message about saying it should not be reproduced. The company would probably argue that the picture was in the public domain without licensing terms.

This is not correct. Posting a picture on social media does not place it "in the public domain". The creator still holds the copyright. And use of that picture for commercial purposes without permission of the creator of the picture would be a copyright violation.

 

[FL1H1]

This is not correct. Posting a picture on social media does not place it "in the public domain". The creator still holds the copyright. And use of that picture for commercial purposes without permission of the creator of the picture would be a copyright violation.

It is, but what can you do about it when you need a commercial drone pilots licence to make money out of your video or photos? The owner of the hotel probably knows theres nothing you can do, and might well take the view that if he can photograph his hotel for free without asking then why can't he use that photograph for free without asking? I wouldn't get upset about it - on the contrary, I'd take it as a compliment!

 

[dirkclod]

OK Guys I have removed all the Off Topic or NameCalling post in this so if you
don't have anything to post thats helpful than Don't .

 

[Kilrah]

However this becomes complex if you publish the image on social media without any message about saying it should not be reproduced. The company would probably argue that the picture was in the public domain without licensing terms.

This is never true or defendable.

That kind of case is annoying becasue they are certainly aware of the rules and precisely gambling on the fact the OP is a hobbyist and thus can't do what's right aka send them a bill for a fair commercial license plus a few hundreds as penalty for not asking becasue that would make him an outlaw...

 

[Simmo]

According to Instagram's own Terms of Use, you own your photos and videos. But buried in Instagram's privacy policy is an otherwise innocuous line that could protect controversial actions. "Once you have shared User Content or made it public, that User Content may be re-shared by others."May 28, 2015

 

[frogbmth]

This is never true or defendable.

I am suggesting it is what they would argue, I am not trying to guess what a court would decide.

 

[4wd]

Intellectual Property | Instagram Help Center

You could ask them to remove it.
Or not ask to remove it.
No-one is going to report you for commercial use.
Instagram is a sharing platform, they are not doing anything intrinsically wrong by reposting what you posted.

 

[Simmo]

Or you could ask them for a hundred bux and move on.....

 

[ondrej]

You retain copyright to your images unless you specifically give it away. However, once you post it on Instagram, it can be reposted within that platform, which would not constitute breach of terms.

If they used it on their external website, you'd likely have a case to win.