Photo usage by Commercial Company

[Patrikolo01]

Hi everyone,

I have noticed that one of the photos I have uploaded, and which is also published in Google Earth, is used by a company for their website.Is this legal? Do I have a say? Did Google Earth agree?

Thanks for advice

[Hans Sterkendries]

You own the rights to your pictures so Panoramio/Google Earth cannot agree to such use without your consent.

The question is this: where are the pictures being stocked? When signing up to Panoramio you agree to let the website display your pictures on other websites using the so called Panoramio API. These pictures are not actually on the other site, they are simply displayed there.

If a company simply copied your pictures and put them on their website that is a copyright violation. And one that could earn you some money.

[Galatas ©]

I presume you are refering to advertisements appearing alongside photos in Google Earth.
If so then you agreed to this by accepting Panoramio's Terms of Service when you joined , and therefore have no further say in the matter.
Alternatively , if the company is using your photo incorrectly on its' own website (ie not complying with the terms of the API) then you can report the company to Panoramio.

[Patrikolo01]

The photo appears directly on the website of a real estate company (no links to GE), and there does not seem to be any links to Panoramio.

Shall I report this to Panoramio, or shall I contact the company direct?

[Hans Sterkendries]

Are you absolutely sure they are not using the API? If you click on the picture, you should be directed to Panoramio. Also, your name and Panoramio should be credited.

If you are sure, I would do both. Write to the team and send a bill to the company.

[Patrikolo01]

Absolutey sure.... no links whatsoever from the picture.

Thanks for the advice

[hvbemmel]

can you give names of a website?

When you click the photo, are you coming this photo in Panoramio, in other words is it linked to Panoramio in any way, is there a mentioning of Panoramio and / or the owner of the photo, then it's all according to the API.

please read the requirements part here: http://www.panoramio.com/api/data/api.html:

[Patrikolo01]

Here goes...

http://www.swissreseau.ch/fr/acheter/rechercher-un-bien/?object=57867

Photo on the right hand side (taken with my previous username: Patrikolo)

What can I claim in Switzerland

[Tomas K☼h☼ut]

Quote Patrikolo01:

This use of photo from Panoramio is not legal - it does not conform Panramio API at all. If you publish your photo only and only on Panoramio, and photo is yours, than Swiss Réseau violate your copyright and Panoramio rules and you can ask for compensation.

More info:
http://www.panoramio.com/help/policies_legalities#policy_qa

I cannot give you advice how much you can ask for compensation.
But I have read here in the forum about same situation - one user had asked for compensation and he received it.

[Hans Sterkendries]

Have a look at http://www.prolitteris.ch

I can't find the documents in English but here's the French version:
http://www.prolitteris.ch/imaf/pdff/bildf.pdf You find the internet rates on page 44.

For commercial websites you should ask at least 45 CHF basic right PER MONTH, 60 CHF per photo if more than one is used. If more than 100,000 hits are achieved, you can add 10% but I don't know how you can verify this.

Because they didn't ask prior permission for the reproduction of your picture you can add 100% of the above mentioned sums.

Because they didn't mention your name you can add another 100%.

So basically for this one picture you should ask 135 euro PER MONTH. I don't know how long it's been online, however.

PS: I've asked for compensation twice. I was paid once and I'm still waiting for the settlement in the second case.

[Patrikolo01]

Thanks for the help...