Development of Creative Commons licenses

["J.B. Nicholson-Owens" <jbn AT forestfield.org>]

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.