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Author Topic: Creative commons...commercialness...  (Read 2663 times)

Re:Creative commons...commercialness...
Reply #15 on: September 21, 2010, 08:13:11 AM
Im with Serious and Bigsoy. The only bit theyve vaguely complied with is the bit thats probably not binding anyway, they have still used it commercially without securing permission first.
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  • Offline Quixoticish

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Re:Creative commons...commercialness...
Reply #16 on: September 21, 2010, 09:11:30 AM
The thing is would any solicitor actually recommend you follow the case up and sue for damages since the amount youll likely receive will be so low? I have a feeling theyd all recommend simply sending a cease and desist letter to have the image removed and that would be the end of it.
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Re:Creative commons...commercialness...
Reply #17 on: September 21, 2010, 09:25:36 AM
Its the fact that theyve completely ignored the artists express wish that it should not be used for commercial gain.

It will come down to whether or not Zpyder actually minds them using it of course, its his photo, but purely objectively they have broken the terms of the license and should either pay up or take it down.
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  • Offline zpyder

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Re:Creative commons...commercialness...
Reply #18 on: September 21, 2010, 11:05:32 AM
I half drafted an email last night before I noticed the Comment. Ill finish it off tonight hopefully, get it checked over by a few people, and send it off.
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  • Offline BigSoy

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Re:Creative commons...commercialness...
Reply #19 on: September 21, 2010, 21:28:36 PM
Quote from: Chris H
The thing is would any solicitor actually recommend you follow the case up and sue for damages since the amount youll likely receive will be so low? I have a feeling theyd all recommend simply sending a cease and desist letter to have the image removed and that would be the end of it.


No-one with any sense recommended suing... clearly its not worth going to those lengths.

A well-worded letter offering them the chance to do the right thing (Pay & Credit You) is the way forward... a cease and desist letter doesnt really get to the right answer either as Im assuming Zpyder quite likes the fact it is being used and wouldnt mind being paid a bit either - I know I wouldnt in his case.
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  • Offline zpyder

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Re:Creative commons...commercialness...
Reply #20 on: September 21, 2010, 21:51:03 PM
Aye, fact is Ive got a small portfolio of 2 dozen images being used in print and online (that I know of), all for free, but for people or orgs that simply cant afford to really go down paying for the stuff. A half dozen of the images are fairly big names. Ive yet to make any money from a photo and it grates a little that potentially the first time I get money for photography is not through a proper sale. Will have to wait and see.

On the plus side someone requested to licence an image through getty yesterday which is cool. I need to look into that as I doubt itll be worth the time and effort to register etc.
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  • Offline Eagle

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Re:Creative commons...commercialness...
Reply #21 on: September 22, 2010, 00:41:39 AM
Get yself on iStock - Ive made thousands of $ since joining.

Im still pulling in the bux despite not adding any pics for years!

Mind you, Im bladdy good!   :heehaw: :mutley:
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  • Offline zpyder

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Re:Creative commons...commercialness...
Reply #22 on: September 22, 2010, 07:49:06 AM
:P You know full well I suck at stock photography :P

How many photos do you have on there to be making money? Admittedly I only have about 20.
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  • Offline zpyder

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Re:Creative commons...commercialness...
Reply #23 on: September 22, 2010, 19:23:12 PM
I was expecting something along these lines...

My email
Quote
Message Text: Dear Sir(s) I am writing to inform you that the photograph used on your dung beetle article (http://www.wired.com/gadgetlab/2010/03/dung-beetles-camera-phones/) has been used without  expressed permission of the photographer (me), and in a way that infringes the copyrights applicable to the image. It is licensed under a "Creative Commons Attribution Non-commercial licence", and states I am to be contacted prior to any use. As Wired is a commercial entity, and displays advertising on the article page, this is commercial use and as such permission has not been granted for its use on your website, despite the Wired articles author leaving a comment on the photos page on flickr. Because of the notification system for comments on flickr, the comment (and use of the image) has only just been brought to my attention. I accept this may have been an oversight on Wireds behalf, and so would be happy to request my usual fee for the commercial use of my images, which is £20, rather than seek damages. I would appreciate being contacted within the next 7 days at my email address chris@xxxxxxxxxx Yours faithfully, Chris Moody



Reply
Quote
Dear Chris,

Its not our intent to upset anyone in the photographic community or
in the Creative Commons community.

However, Wired is a news organization, and the use of CC-licensed
content to illustrate editorials and news stories, with proper
attribution, is within the guidelines established by the Creative
Commons.

You may want to consider changing the licensing attached to your
published photos if you dont want them used on Wired and other news
websites. Please let us know and wed be happy to take the photo
down.

Best,
Jim




--
Jim Merithew
Wired.com
Photo Editor
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Re:Creative commons...commercialness...
Reply #24 on: September 22, 2010, 19:47:29 PM
just ask for a free sub o) - if its only on their website they can easily pull it & get a different pic.
Is it really worth arguing about? - unless it makes it to print - then you have an arguement
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  • Offline Bacon

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Re:Creative commons...commercialness...
Reply #25 on: September 23, 2010, 02:36:58 AM
If i was in your situation i would make a note of it for future reference, possibly drop them an email reminding them of how this should work, but tbh i personally wouldnt bother contacting them, if they had credited me that would be payment enough getting one of my pictures on a well known and popular site / magazine, i might be selling myself short but the fact ive been credited will add towards my reputation.
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  • Offline zpyder

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Re:Creative commons...commercialness...
Reply #26 on: September 23, 2010, 07:48:37 AM
Tbh I need to look into it more as its not the first time Ive heard the term "Editorial Use" which, if my understanding is correct, is akin to the "freedom of the press" in that they can just take any image and use it if it is newsworthy and for a news item, so long as they credit the creator. Which sucks. I need to double check creative commons terms to see whether editorial use applies to all CC stuff, or just Non-Com, if the latter Ill reply back saying to check the licencing. If the former Ill leave it as is.
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  • Offline Rivkid

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Re:Creative commons...commercialness...
Reply #27 on: September 23, 2010, 12:37:01 PM
I cannot believe theyve bothered to argue over £20! FFS....
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  • Offline BigSoy

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Re:Creative commons...commercialness...
Reply #28 on: September 23, 2010, 19:21:04 PM
Quote from: zpyder
Tbh I need to look into it more as its not the first time Ive heard the term "Editorial Use" which, if my understanding is correct, is akin to the "freedom of the press" in that they can just take any image and use it if it is newsworthy and for a news item, so long as they credit the creator. Which sucks. I need to double check creative commons terms to see whether editorial use applies to all CC stuff, or just Non-Com, if the latter Ill reply back saying to check the licencing. If the former Ill leave it as is.


This is bollocks - there may be something in the fact that if you can demonstrate reasonable intentions when using a picture (i.e. trying to create the tog) then its ok to use newsworthy pictures without the licence.

In this case theyre trying to pull a fast one, Id write back pointing out the different versions of the Creative Commons and stating if youd left it open for commercial use theyd be fine but as it is theyre not...
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  • Offline zpyder

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Re:Creative commons...commercialness...
Reply #29 on: September 23, 2010, 20:48:26 PM
Im not the only person apparently that has queried this. My law lecturer has suggested contacting the Media school lawyer to find out more lol.
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