What Do You Think? Stolen or used?

Michele Erdvig · Host

What Do You Think? Stolen or used?

yesiree · Guru

It truly dumbfounds me why these sites decided to steal your photo when the hotel itself would gladly offer up one of there's.

Based on the similar nature of the sites, my guess would be that there is one source that stole your photo, and the others are just pulling the data from there.

Michele Erdvig · Host

Corey,

Maybe my photo was better than the one the hotel has? Although I would think that a professional photographer would take them for Bunratty Castle Hotel and they would have many different good quality pics available.

My photo is rather distinctive because of the vehicles parked in front. I usually try to take photos without vehicles if possible. But many times I can't do that.

I found it interesting that one of the websites that makes online reservations for people has absolutely no contact info on it. I had to Google it to find the whois registration info. I certainly would never book anything at a website that you cannot contact.

I'm coming to the conclusion that in order to post photos on my Blog or the Internet it is best to mark them up so they can't be used like these from an article on Wandering Educators.

Michele

CowboyCraic · Guru

Michele,

I have always advocated not only a watermark, which you can change the opacity until it is almost invisble but also a signature somewhere in fine print on the photo.

Mine is always Rincon Creek Studios ~ C.E.D © (date of photo)

You need to contact these people and advise them that if they wish to use your photos in the future, they must make a request in writing, give you photo credits and remit a fee of no less than $150 per photo

And no more of that "professional" photographer stuff...you are a professional...once you have sold your work, you become a professional...and should be treated as such...

Michele Erdvig · Host

Bit,

Thanks. I plan on contacting them as soon as I have a moment. Someone also stole my Waterford Castle photo but it is a foreign website and I have no idea of the language or how to contact them. The Internet is the Wild West. I guess legit people must have their shotguns at the ready to protect their property. Unfortunately.

Michele

Roy · Guru

It's in very poor taste to use your pictures without permission.

Michele Erdvig · Host

Thanks everyone. I think the concept of common courtesy disappeared with the Internet age.

Michele

wojazz3 · Guru

Common courtesy and safety went out with the internet age

. No doubt, you need to mark them up.

Bill

Michele Erdvig · Host

Bill,

Yeah. Too bad as it mars the photo. But I can think of nothing else to do.

Michele

tony2phones · Guru

I think it comes down to where the picture was obtained from. Unfortunately anything in the "public domain " is fair game but if the photo has been taken from a secure site which you pay to keep your photographs without unauthorised access then I would assume that it is this site who have failed in their obligation and should be at least questioned about how a photograph was accessed by an outside agency. I would contact the hotel and ask what discounts they are willing to offer in exchange for the use of your picture by their marketing department.

Michele Erdvig · Host

Tony,

The issue of copyright infringement is a long complicated topic. Basically anything that I create belongs to me. (Anything you create belongs to you.) Whether it is text, art or a photo - as soon as I create it I am the owner. Anyone who wants to use what I have created must ask my permission to do so, unless I have indicated otherwise.

Bunratty Castle Hotel is not using my image. It is on various booking websites, not theirs. The reason I am concerned is that it dilutes the integrity of what I do. When other websites steal my images they manipulate them for their own purposes. Sometimes the end result is less than stellar and not one that I would approve of. For instance they crop them, color enhance, size them or other things.

If a website is using my images to make money they should ask my permission and/or pay for the use of the image. But as Corey said there are many free images available from the hotel itself. There is really no reason to use my photo at all. Except that they are too lazy or ill-informed to get a photo from the hotel! Or they like my photo better.

Michele

Michele Erdvig · Host

Well, I sent out copyright infringement notices to everyone I could find that stole my Bunratty Castle Hotel photo. So far the first booking agency blamed the hotel saying they got it from them. (What else would you expect?) Then they blamed the Internet, saying it was all over the internet. evileye Yeah, because everyone including them has stolen it!

Makes you wonder why - if they are disputing that I own the photo - they took it off their website and replaced it with another? Hmmmmm.....

Pretty poor excuses in my book.

Michele

Michele Erdvig · Host

It is never ending. evileye

http://media03.tvtrip.com/partner/9/2/7/2/0/2/7/9272027.jpeg

http://www.tvtrip.com/bunratty-hotels/bunratty-castle-hotel

http://my-hotels.in/hotel/ie/bunrattycastle.htm

http://images.my-hotels.in/hotels/org/304/hotelPhoto/9054_Bunratty_Castle_Hotel.jpg

http://img.agoda.net/hotelimages/613/61336/61336_Main.jpg

http://www.agoda.com/europe/ireland/clare/bunratty_castle_hotel.html

Michele Erdvig · Host

Waterford Castle Hotel. My photo on IrishFireside.com:

http://irishfireside.com/wp-content/uploads/2010/01/Waterford-C.-2-fix-crop.jpg

http://irishfireside.com/2010/01/19/irelands-real-castle-hotels/

Stolen photos:

http://hoteltraveler.co.uk/waterford-castle-hotel/

http://hoteltraveler.co.uk/wp-content/uploads/2011/12/Waterford_Castle.jpg

Michele Erdvig · Host

Forum member Bit had a photo stolen. When confronted the thief

complained that it took a lot of work for him to remove her "watermark" copyright

before it could be used. IDIOTS!!??

Michele

Michele Erdvig · Host

This is the response I received from cheaphotels.ie

Dear Michele

I can assure you we have not stolen any copyrighted images for our
website. The images we are using are public domain. I have contacted
management at all of the castles we display on our website, and have had
replies from all stating much the same thing.

1. They have official photographs taken of the properties from time to
time which are copyrighted.

2. Any other photographs taken of the property without prior consent
are public domain and should not be profited from.

You mentioned in your initial contact with me that we could pay for the
photographs, this act would be seen as profiting from the photographs.

If you can prove to me you have express permission to sell the
photographs, please respond with documentary evidence and I will have
the photographs removed.

I have blocked you and your friends from posting on our Facebook page.
I have not reported this abuse to Facebook at this time, however any
further instances will be reported, and this matter will be passed to
our lawyers.

Regards

Graham

Michele Erdvig · Host

So much for common courtesy.

http://www.cheaphotels.ie/castles/waterford-castle.html

http://www.cheaphotels.ie/castles/bunratty-castle.html

Roy · Guru

Public domain? What doubletalk!

Itallian Chauffeur · Moderator

So now, I'm BANNED from their site???? What a PITY ---- biggrin biggrin biggrin biggrin

Interesting how quick they are to bring up the issue of lawyers -- when THEY feel offended !!!!! confuse confuse confuse

Bob

Wellsley · Guru

Michele Erdvig wrote:
This is the response I received from cheaphotels.ie

Dear Michele

I can assure you we have not stolen any copyrighted images for our
website. The images we are using are public domain. I have contacted
management at all of the castles we display on our website, and have had
replies from all stating much the same thing.

1. They have official photographs taken of the properties from time to
time which are copyrighted.

2. Any other photographs taken of the property without prior consent
are public domain and should not be profited from.

You mentioned in your initial contact with me that we could pay for the
photographs, this act would be seen as profiting from the photographs.

If you can prove to me you have express permission to sell the
photographs, please respond with documentary evidence and I will have
the photographs removed.

I have blocked you and your friends from posting on our Facebook page.
I have not reported this abuse to Facebook at this time, however any
further instances will be reported, and this matter will be passed to
our lawyers.

Regards

Graham

Wait a minute, they took your photo and they're threating you. Dirt bags. What is this world coming too?

Michele Erdvig · Host

If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.

So when I see my copyrighted photos on other people's websites I assume it is a duck.

Michele Erdvig · Host

January 30, 2012

From: Ms. Michele Erdvig

Ireland Travel Expert

P.O. Box 862194

Marietta GA 30062 USA

Web site: www.IrelandYes.com

To: Mr. Graham O'Shea

Cheap Hotels Limited

220 Capel Building
Dublin 1
Co. Dublin

Ireland

Website: www.CheapHotels.ie

Email: cheaphotels@cheaphotels.ie

Re: Copyright Infringement

Dear Mr. O'Shea,

You are "using" my copyrighted photos of Bunratty Castle Hotel and Waterford Castle Hotel on your website. See URLs below:

http://www.cheaphotels.ie/images/castles/bunratty_castle.jpg

http://www.cheaphotels.ie/castles/bunratty-castle.html

http://www.cheaphotels.ie/images/castles/waterford_castle.jpg

http://www.cheaphotels.ie/castles/waterford-castle.html

I am the photographer who took those pictures. As such, the photos belong to me. Not you, not the hotels, not the public domain. They are my

copyrighted property. They belong to me! You do not have my permission to use them. I have not granted permission to for their use to any

person, company or entity to date.

Whether you copied them from the Internet yourself, were given my photos by someone else or your Webmaster put them on your website

without your knowledge - the fact remains that said photos belong to me. I have notified you that you are infringing on my copyrights.

Now that you know who the photos belong to it is up to you to have them taken off your website.

You ignored my email inquiries sent through the contact form on your website. Only when I posted on your Facebook page did you deign

to reply. This is what I wrote on your Facebook page:

"Please remove my photos of Bunratty Castle Hotel and Waterford Castle Hotel that are on your website. You are using my pics

without my permission and without paying for commercial use. You are ignoring my requests to have them taken down.

Copyright infringement is against the law!"

You say:

"I can assure you we have not stolen any copyrighted images for our
website. The images we are using are public domain. I have contacted
management at all of the castles we display on our website, and have had
replies from all stating much the same thing."

You are wrong. Your assurances sound like blarney to me. My photos are not in the public domain. My photos do not belong to the hotels.

My copyrighted images - that you are using on your website - are not on the websites of Bunratty Castle Hotel or Waterford Castle Hotel.

They do not own them, nor do they have the authority to give them to you.

Since you did not provide the letters or affidavits from the managers of those hotels giving you permission to use my photos - until I see such

declarations - I will assume they do not exist. In fact if the hotels actually did give you permission to use my photos that could be a problem for them.

I deem such generic replies from you as scare tactics. How pathetic.

If you are using photos that are in the "public domain" for your website, then why not use those public domain photos instead of mine?

Both hotels have many professional photos (as you noted) that they can supply you with. So why use mine?

What is so special about mine that you insist on using them instead of any number of readily available images that do not belong to me?

It is very easy to replace my two photos with legitimate ones. It is not as if you are being asked to replace thousands of photos. Why are you so

adamant that you must use my photos on your website?

Your website is not listed as a charitable company. I assume it is a company that is commercial and makes money by selling reservations.

If that is the case, the photos on your website are not being used for altruistic purposes. As you told me, "This act would be seen as

profiting from the photographs."

I own the original, un-cropped, un-enhanced photos of Bunratty Castle Hotel and Waterford Castle Hotel in question. Before using them in

my copyrighted articles and posting them online in such articles I cropped and enhanced the photos. Hence the ones you are using on your

website are the cropped and enhanced versions of the originals that are in my possession. The original photos have never appeared online.

Because you are using the cropped and enhanced photos it is obvious they have been taken from the Internet. I know for a fact you do not

possess the original photos. I do.

The cropped and enhanced photos appeared in my 2010 copyrighted articles on my Blog and at IrishFireside.com:

http://irishfireside.com/2010/01/19/irelands-real-castle-hotels/

http://irelandyes.wordpress.com/2010/01/18/ireland's-real-castle-hotels/

Since I am the photographer and copyright owner and reside in Cobb County Georgia USA all such jurisdictional laws apply to this case.

If it comes to a dispute, whoever shows a court of law the original, un-retouched photos will be deemed to be the legal owner.

Unless you can show the original photos in a court of law, it might be a lot less trouble to just remove my photos from your website.

It is not exactly generating good publicity for you.

You are now on notice that my photos of Bunratty Castle Hotel and Waterford Castle Hotel that you are using on your website were stolen

from me. Whoever did it is currently unknown. But you now know that someone stole them.

When an individual is informed that they have stolen property in their possession it is up to them to relinquish possession and

return it to the rightful owner, regardless from whom it was received.

That is the right and lawful thing to do.

If, instead, you continue to use my photos on your website it will prove that you are profiting from stolen photos and will give the public

a good indication of your trustworthiness and reputation - and that of your company cheaphotels.ie.

Please remove my copyrighted photos of Bunratty Castle Hotel and Waterford Castle Hotel from your website.

Feel free to refer me to your lawyer. I would much rather communicate with a professional who knows the law and what they are talking about.

Sincerely,

Michele Erdvig

Michele Erdvig · Host

Update. I received an email from Mr. O'Shea of CheapHotels.ie today. No apology of course. What would you expect from a schmuck?

Just one word:

"Removed"

If I did hotel booking engine reviews I would give cheaphotels.ie a thumbs down. Who wants to deal with a person like that?

I don't like the way they operate.

So my review of cheaphotels.ie is I would never use them. I would never recommend them on my websites, on my forum or in my book.

And that is my editorial opinion and review about Cheap Hotels dot ie.

They are cheap!

Michele

Green Dragon · Guru

Sock it to 'em, Michele! Wonderful letter. Good luck!

CowboyCraic · Guru

Very well written mo chara! What utter nonsense...Public Domain! seriously? They thought they could scare you off with all their bluster. They don't know you like we do! Good Luck!!