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  • From: Paul Dixon <paul AT elphin.com>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: Re: [Cc-uk] Granting commercial rights you don't possess
  • Date: Mon, 24 Oct 2005 16:43:02 +0100


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?

The answer here is that if the photograph infringes, then everyone is exposed. State of mind is not a factor in copyright infringement, nor is commercial use. These factors may play into the damages aspect of a suit.

I'm interested in this one specific case as well the wider issue of what happens when a licensor unknowingly infringes copyright.

For Trafalgar Square, we're now aware of the by-law and we're possibly distributing images that should not have been licenced to us. If Geograph.org.uk is in an actionable position then it would seem the only prudent action is drop all images of Trafalgar Square. I'd really rather not send Nelson spinning in his grave, so any further opinions on action we should take are welcome!

I guess all we can do to lessen the impact of future problems is to ensure that each photo submission has a click-wrap agreement that the photographer has cleared the use of the locations pictured?

Paul




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