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  • From: Paul Dixon <paul AT elphin.com>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: [Cc-uk] Granting commercial rights you don't possess
  • Date: Mon, 24 Oct 2005 15:57:01 +0100

There are some public places in the UK where professional photography requires a permit, such as Trafalgar Square (source [1]). What happens when someone publishes one of their amateur snaps under a CC licence allowing commercial activity (see [2] for example)

This raises a number of questions I'd be interested in hearing opinion on...

1) If a photographer is aware of the prohibition, can they actually grant commercial terms? Is the licence void as a result?

2) In most cases like this, I would imagine the photographer is unaware of the prohibition. Who is exposing themselves to potential legal action? Someone using the image commercially? The original photographer? A site like Geograph distributing the image for free?

3) there's no mechanism for "recall" with a CC licence, once the subject matter is "out there" and someone has exercised the licence there's no way to put the genie back in the bottle. How do we deal with situations where a photographer or third party discovers a potental licence problems months or years after a work was licenced?

I'm sure there are more worms in this particular can, I'll keep shaking it :)

Paul Dixon
Geograph.org.uk Developer


[1] The UK Photographers Rights Guide
http://www.sirimo.co.uk/ukpr.php

[2] A cc-by-sa licenced picture of Trafalgar Square
http://www.geograph.org.uk/photo/3332








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