Adam Maas wrote: >On Thu, Nov 12, 2009 at 1:44 PM, Mark Roberts <[email protected]> wrote: >> John Sessoms wrote: >> >>>From: Bran Everseeking >>>> A friend twittered this and I found the facebook part to be true at >>>> least. >>>> >>>> http://www.pdnpulse.com/2009/11/warning-facebook-and-myspace-strip-photo-copyright-data.html >>> >>>Goes back to earlier concerns regarding that "Orphaned Works" copyright >>>legislation. >>> >>>Someone pulls your image off one of the sites without your permission, >>>someone else takes it from them ... and pretty soon anyone can take & >>>use your image for commercial purposes without compensating you. >>> >>>It's already happened; some teenage girl's myspace photo ended up being >>>used by an Australian cell phone company for their ad campaign. >> >> That was a different issue: The photographer himself put the photo on >> Flickr and gave it Creative Commons *commercial* licensing (without >> understanding what this meant). > >And the idiots at the ad agency forgot the difference between clearing >copyright and ensuring they had model releases. CC only covers you on >copyright. > >The Photog in that case was mildly silly, the ad agency was just >frikkin stupid for not realizing they needed model releases for CC >images from Flickr just like any other image they might use with a >identifiable individual.
Indeed. I'd hope someone at the ad agency lost their job over that. Just to complete the train wreck: The ad appeared only in Australia, but the girl in the photo sued the *American* division of Virgin Mobile, rather than the Australian corporation (which ran the ad) or the parent corporation in Britain. AND they sued Creative Commons! The U.S. branch of Virgin Mobile asked for dismissal for obvious reasons and I think they got it. I know the suit against Creative Commons was dropped when the plaintiff's attorney realized it was mind-bogglingly stupid. BTW: For those who want to really learn about this licensing business I highly recommend a book I just picked up, "Getting Permission" by Richard Stim (Nolo Press, ISBN 978-1-4133-0518-0). It's written by an IP lawyer, but it's in clear, understandable English and covers licensing of photographs, music, trademarks and more. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
