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cc-licenses - Re: someone violated my CC common license, now what?

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Subject: Development of Creative Commons licenses

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  • From: "J.B. Nicholson-Owens" <jbn AT forestfield.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: someone violated my CC common license, now what?
  • Date: Thu, 08 Jul 2004 13:48:34 -0500

Pim Techamuanvivit wrote:
I have a Creative Common license on my food blog, chezpim.typepad.com. I
publish food content and photos, with a Creative Common License for Attribution-NonCommercial-ShareAlike 1.0

There is an article published in the current issue of the Arena Magazine in
the UK, which published a photo of a roasted pig from my blog without my
permission.

I'll bite, with the understanding that much of the situation is unsaid and I'm assuming some of the details that were unspecified.

If this magazine is a commercial publication, you could get a copyright lawyer to write them a cease and desist notice to stop commercially distributing copies of your photo without your permission or you could ask them to arrange licensing terms with you which would include covering their infringement. Alternatively, they could relicense their magazine to be licensed under the same license as your photo and do their best to notify those who have already obtained copies of the license change (I doubt the magazine or even the article in which your photo appears is published under the same license as your photo).

A copyright lawyer should be able to read the appropriate CC license and understand it as well as understand the context of the infringement. You should probably have a copy of the magazine to show the lawyer what they are doing.

This really doesn't have much to do with CC licensing per se, it's a copyright infringement and can be pursued through the normal channels (typically a C&D letter is enough to get the infringer to stop or negotiate terms with the copyright holder).

Good luck.




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