Virgin, Creative Commons sued over using Flickr photo

Joe Pemberton's picture

Creative Commons = Creative Confusion?

Virgin Australia uses teen's Flickr photo for commercial use? Nuts.

As much as I like what CC is doing, it certainly hasn't helped add clarity when (possibly irresponsible) creatives think they can a) use something for commercial use and b) merely give a vague attribution to Flickr, (rather than the content creater/owner).

By the, way this logo I've faked here is called parody, an area of copyright law that covers my mock of their logo. (And, I'm not an IP lawer, so don't treat my commentary as legal advice.)

Now, when I'm creating a parody, do I retain full copyright? Dang.

Comments

ebensorkin's picture

...do I retain full copyright ?

I don't see why you couldn't. But presumably you would have to assert it. And not say give it a CC instead... ;-p

Wikipedia says " In some jurisdictions, copyright law provides scope for satirical or interpretive works which themselves may be copyrighted." So it appears that it depends...

See also : http://en.wikipedia.org/wiki/Copyright

This post should also not be confused with actual legal advice.

Quincunx's picture

I wonder exactly what kind of CC-license was placed on the photo in the article.

Joe Pemberton's picture

Eben, that fuzzy area is precisely driving home the point. =)

Yeah, none of the articles seem to define exactly what the photographers' setting was. Also, as Andyclymer pointed out on Flickr, it's odd that the subject of the photograph is suing, not the photographer himself. Seems like they could include the photographer in the suit since it's he who did not get a model release for his subjects.

The lesson is: don't use Flickr for sourcing images unless you're ready to do legwork with the photographers yourself.

Quincunx's picture

Yeah, odd that none of the articles say anything about the restrictions. If the photographer set it to commercial use allowed without the need for persmission, for example, I wonder if they have a leg to stand on in court.

Still, I guess it would be somewhat common sense if you really want to use a photo on Flickr, to just contact and ask the person who made it, even if it says you don't have to. I know I would.

Syndicate content Syndicate content