[cc-licenses] seeking group comment and input

Dr. Augustine Fou acfou at PictureSandbox.com
Sun Jul 1 23:34:42 EDT 2007


regarding Creative Commons topics raised in this Flickr Forum thread (700+
posts in 3 days)
http://flickr.com/help/forum/en-us/44325/

A few salient Creative Commons topics excerpted from the thread:

- since Flickr does not allow photo-specific CC version specification (just
1 of the 6 license-types, not version), how does a Flickr user specify a
version they want to apply to a specific photo; how does a user prevent
Flickr from automatically upgrading the CC version without their consent?

- whether PictureSandbox is a licensee of the photo in the case where the
photo appears as a thumbnail in search results presented on the
PictureSandbox website (which uses the Flickr API to return such results),
even if just for a moment

- whether PictureSandbox overlaying a watermark in search results (which
says (CC) image owner's name) constitutes a "derivative work" and therefore
"use" of the photo

- whether PictureSandbox is the licensee in the case where a user uses the
"phreetings" (photo + greeting) interface on the PictureSandbox website (
http://www.picturesandbox.com/card ) to create a phreeting and send it to a
friend, or whether the user is the licensee of the photo

related: whether PictureSandbox's "phreetings" constitutes commercial use if
the business is commercial but the phreetings feature carries no ads, does
not drive traffic (since it is a private, person-to-person communication).

- whether PictureSandbox is responsible for policing the contents of a
CC-licensed image to ensure it does not contain someone else's copyrighted
work (i.e. someone stealing someone else's photo and uploading to Flickr,
and applying a CC license to it)

- can PictureSandbox witness/notarize a Creative Commons license between
image owner (the licensor) and the user (the Licensee) when the image owner
is not made aware of this?

related: if PictureSandbox just witnesses the license between the licensor
and licensee, is PictureSandbox a party to the license?


I look forward to input and help from this community. There are lots of open
topics and questions that may have never been asked before.

thank you all in advance,
Augustine Fou
CEO, PictureSandbox
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