It could help a bit if you told us what picture, and where it's being  
used, and even gave a link to the forum where he's taunting you.

Flickr allows you to set permissions on your photos.  I believe it's  
All Rights Reserved by default, and that you can manually set various  
levels of Creative Commons permissions individually for each photo or  
by default.  Without seeing the photo page on Flickr, I can't tell  
what licence you've issued for the picture.  Probably All Rights  
Reserved, but if you've changed it to Creative Commons then he has  
certain rights to reuse it according to what licence you used.

If All Rights Reserved, then he can't use your photo without your  
permission, whatever he says.  A simple Google search would confirm  
this to you and him.  You can Google about your rights under the  
DMCA, and issue him with a formal notice to stop using your image,  
also his web host, or whatever service he's using to steal it.

But again, more info - and if you want some of us to go to the forum  
to back you up and discuss it with him, post a link.

Rupert
http://twittervlog.tv

On 29-Aug-08, at 8:21 PM, B Yen wrote:

I have a Flickr account, & have been uploading pictures. No image
watermark like "COPYRIGHT ©2008 my name". I want to confirm that
people can't use my photos without permission. Can someone summarize
what my rights are?

Some clown deliberately used my photo & is taunting me on a forum
that he can do it. A bunch of his redneck friends are openly
harassing me, & threatening me.

They are saying something to the effect "an image made publicly
available, is fair game". Uh, no.

There is a modification of Copyright Law (Berne convention, forgot
what year), where as soon as the photo is made..it's automatically
copyrighted. PHotographer owns photo. HOwever, there are other
factors determining what a photographer can sue for, when infringed.
Statutory damages, etc.

Can someone clarify this for me, given photo/video sharing websites &
Creative Commons licenses?

Here is what I found on Flickr:

http://en.wikipedia.org/wiki/Flickr

Licensing
Flickr offers users the ability to release their images under certain
common usage licenses. The licensing options primarily include the
Creative Commons 2.0 attribution-based and minor content-control
licenses - although jurisdiction and version-specific licenses cannot
be selected. As with "tags", the site allows easy searching of only
those images that fall under a specific license.[19]

http://en.wikipedia.org/wiki/Creative_Commons

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