What's the deal?

[homerboy2u]

Bender party at the Holland here weee come!!!!......

[RichardM]

All is well that ends well.  Wilding and I, and it is Ms. Wilding, just got off the phone and have reached an agreement for compensation for the use of my photo.  Let me add, I am getting nothing, but she is accommodating a couple of friends of mine.  She has also promised to try to determine the site where she and her graphical artist found the photo.  I have emphasized the importance of determining who is taking photos from this site and posting them elsewhere and she agrees.  It will be next week before she completes this effort.

Again, I am satisfied with the resolution of this matter and Ms. Wilding has been very responsive and responsible in her response.

Cool, now we can get back to figuring out what's up with that pilot's face on that plane flying overhead.

[Undertaker]

In here just in time for it all to work out. Cool, Benders are a pretty laid back group.

[Drifter]

Al, Thanks for the update.  I think it is always important for there to be a champion of reason like yourself that reminds us that there is always a possibility that the person involved in a story is not always motivated by the wrong intentions.  Your lesson can be learned.
On a different note to RichardM. What plane do you think VG is talking about and what does the pilots face have to do with the price of tea in china?  Just wondering?

[Terlingua50337]

Might he have meant a black helicopter?

[RichardM]

On a different note to RichardM. What plane do you think VG is talking about and what does the pilots face have to do with the price of tea in china? Just wondering?

I'm going to have to abstain on trying to interpret that one.
 

[Drifter]

A black helicoper I understand.  I hear those things don't make a sound and are made of materials recovered from the Roswell site.  Just something I heard while attending group.

[Al]

Update. I understand Keith is no longer affiliated with the Holland Hotel and the gift certificate issued to my friend will be honored.  I was also told the ad with my picture was not pulled at the time promised, so if you my El Pico picture in any publications other than the Feb. 2010 Texas Highways, please let me know.

Al

[TexasAggieHiker]

Did you ever find out where they got the picture from?

[Al]

Did you ever find out where they got the picture from?

No and since the responsible person is no longer with the Holland Hotel I guess we will never know the truth.

Al

[Doc Savage]

... Oh, and to the fellow that assumes that "everyone" knows the ins and out of the law of copyright and trademark my only response can be -"Are you serious?"  One must obtain an undergraduate degree in one of the sciences and then go to law school just to sit for the specialization.  I have practiced trial law in Texas for 31 years and am A V rated and I had no idea that the law had changed as setforth in a previous reply.  ...

Missed this earlier, but felt a reply was needed. I assume you mean me as I set the legal requirements out earlier. YES I am serious, and no I think you went a little overboard on what it takes to understand copyright law. My background is Electrical Engineering and hands on with a few classes at the Professional Photographer's of America college, I spent maybe 4 hours researching copyright pertaining to photography via a business law book, photography copyright law book, and materials easily available to anyone involved in photography. When the law was updated, there were numerous articles written on the subject. Anyone involved in the advertising or photography business would have had to intentionally hidden under a rock to not know that. Would the average d-ck or Jane known it, probably not, but with the issues of music and movie piracy that EVERYONE has probably heard about, there is a pretty good chance that they would at least be somewhat aware of copyright and the need to investigate it prior to usage. Just like someone offering to sell you the Brooklyn Bridge, an offer to provide "free" images bears the need for some research. So no I don't take anything back. Anyone I've ever dealt with in the advertising world is at least familiar with these concepts.

Robert

Robert

[iCe]

Having had an image stolen and used for a Port Aransas ad that ran in TP&W magazine as well as Houston, San Antonio, and Dallas, I tend to get a little irritated when something like this happens. That said, I'm glad that ya'll worked it out and I hope there was a lesson in it for both parties.

For future reference, small claims court has a ceiling but it's extremely effective for solving an issue like this one. The user of the photograph has the responsibility to know that the image that they are using is not encumbered by copyright (which is almost impossible). "I didn't know" or "I thought it was free" doesn't work. It's very easy to prove ownership of an image in court.

In my case I didn't pursue small claims court. I probably should have. The amount that they owed me (calculated with photoQuote Pro) exceeded the small claims court limits... The reason I let it slide is too convoluted to spend the time to explain it. Make sure your friends know that just because they are in an image it doesn't mean they can give it away for you...