[cc-community] My photo was used in the magazine / licensing question
Erik
irasha at yahoo.com
Sun Nov 4 18:40:15 EST 2007
--- Greg London <email at greglondon.com> wrote:
> Unless it was a non-profit entity with a non-profit
> magazine,
> they probably violated the NonCommercial clause.
>
> Are you saying it was a non-profit organization that
> did this?
no, I do not - they are deffinately making this
magazine for profit.
so, lets see, this is how I understand it so far:
(1) (non license related) they are allowed to use
photograph of a person w/o release form if its not an
advertisement, if they are not using the photo to
endorse products or services.
(2) CC License
(http://creativecommons.org/licenses/by-nc-sa/2.0/deed.en-us):
(a) "Attribution. You must attribute the work in the
manner specified by the author or licensor (but not in
any way that suggests that they endorse you or your
use of the work)."
- they listed my Flickr nickname and that it was from
Flickr. so, they covered this point.
(b) "Noncommercial. You may not use this work for
commercial purposes."
- I don't understand this one. is using a photo in
commercial magzine as illustraion in an article
considered commercial use? (it sounds commercial)
(c) "Share Alike. If you alter, transform, or build
upon this work, you may distribute the resulting work
only under the same or similar license to this one."
- they did crop the photo to fit where they needed it
to be. but it doesn't shounds like this section talks
about this kind of alternation/transformation.
(d) "For any reuse or distribution, you must make
clear to others the license terms of this work. The
best way to do this is with a link to this web page."
- I don't see anywhere in the magazine anything
refering to this CC license.
(e) "Any of the above conditions can be waived if you
get permission from the copyright holder."
- no one contacted me on this.
> >
> > thanks everyone for your replys and input!
> >
> > I will start reading those links you provided,
> though,
> > so far it looks like they had a right to do it.
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