I agree. The place holder excuse it bogus. Busted indeed. And, they messed with the wrong Smurf..
The other Smurf has teeth, but no bite?!?
Did the picture have Smurf's Inn written on it? If it did, free advertising! But I agree, they should have at least ask for permission before using it especially if it was copywrited. If they are professional photographers, pat yourself on the back and take it as a compliment.
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"Under US law a copyright notice is no longer required to protect copyright. Photographers own the copyright to their work the instant they press the button. However a copyright notice has a purpose as it indicates that a work is protected by copyright, identifies the copyright owner and shows the year of first publication. You should include a properly formatted copyright notice on each page of your website that displays an image."
And we do have the properly formatted copyright notice in the footer of each and every WordPress page!
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I had a local fellow take one of mine and use it on his website. I told him about it and he said " if it is on the internet it is free game!" Not I told him and shared the law with him. He did remove it. I told him all he had to do was ask and give me credit and he could use it. I let lots of folks use my photos.
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In this case, it's a direct competitor. Absolutely Not sharing our website slideshow photos, especially since he's a pro photographer, and they've never been friendly in their past three years, and have pulled other shady shenanigans. (Like trying to operate with 5 rooms, when only licensed for 3, with one of them upstairs with no Fire & Life Safety egress, nor getting Town construction permits, State Fire Marshall approval, etc.) (And booking here anonymously when they were purchasing the other property. And when asked about an arrival time window, he got very annoyed, even when I explained that on a rare occasion, Poppa's cousins from Cal were in town and they were the only ones checking in. We had to sit around all day waiting for them to arrive just before 6 PM). Then there was the we over-booked call the first season, wanting us to make an exception to our Saturday night minimum stay, by taking his guests for a single overnight. When told we would wanted them on Friday too, he insisted they were part of a group, and didn't want to break them up more than one night. So we acquiesced and he used his 3.5 % fee AmEX to pay us! Then, when these guests arrived here, we mentioned being part of a group .... Huh? We weren't part of a group... Pants on fire, yet again!!
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