[cc-community] My photo was used in the magazine / licensing question
Greg London
email at greglondon.com
Sat Nov 3 20:48:12 EST 2007
> I just recieved a new issue of one magazine I'm
> subbscribed to, and there's a photo from my Flickr
> account.
>
> The licence I have on it on Flickr is
> Attribution-Noncommercial-Share Alike 2.0 Generic -
> creativecommons.org/licenses/by-nc-sa/2.0/deed.en-us
> My questions are:
> (1) are they allowed to use the photo in their
> magazine with the license I had selected?
If you selected NonCommercial, then they can only
use the photo in a NonCommercial way. If they are
some sort of non-profit entity and the magazine
is not being sold primarily for profit, then they
might be able to use your photo without violating
the license. Otherwise, if they're a commercial
organization selling the magazine primarily to make
money, then it's a violation.
> (2) are they allowed to use a photo of a person who
> can easily be recognized on that photo without that
> person's permission/release form?
No, they still need a model release form.
There was a case just recently about that.
Does anyone have a URL about that case?
Greg
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