[cc-community] My photo was used in the magazine / licensing question
Fred Beneson
fred.benenson at gmail.com
Sat Nov 3 21:16:21 EST 2007
The release form question is tricky -- if the person is seen to be
endorsing a product or service, they definitely have to have one. If,
on the other hand, they are seen being outside (for example
accompanying an article about parks) in the photo then a release will
not nessarily be required.
What is also interesting is if they violated the sharealike clause by
not (I'm assuming here) releasing the work under the same license as
the photo. From what I've been told, there are two conflicting court
decisions on whether a derivative is created when a photo is "synced"
with an article. Meaning you might also have a case against them for
not abiding by your copyleft.
I
Am
Certainly not a lawyer,
F
On Nov 3, 2007, at 9:48 PM, "Greg London" <email at greglondon.com> wrote:
>
>> 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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