More copyright problems over on Flickr

[Harold1066]

Looks like the Independent used someone's photograph without permission and have kicked a bit of a storm over on Flickr.

Seems they (the Independent) have broken even flickr's rules about use of the API.

The editor from the British Journal of Photography looks to be getting involved to; maybe worth bookmarking to keep up with the story.

On the 5 – 6 January 2010 they used the Flickr API to search for and display images of snow scenes in the UK – amongst those images displayed was one of mine which is clearly marked on Flickr as “all rights reserved”. They did not seek my permission for the use of my image.

Linky (http://www.flickr.com/photos/petezab/4276745361/)

[ChrisBlack]

It was quite an interesting read, until the majority of the comments on the latter half of page one descended into pettiness, squabbling and one upmanship.
Good luck to the guy, I say. Its not too much to expect a simple apology and a bit of wonga in the sky rocket, is it?

[mikegray]

To be honest, I'm not sure why the Indie didn't just pay up whatever their standard fee for an online usage is. It's going to be what - fifty quid tops they'd be out of pocket? Why even bother arguing the toss?

[DeadYankee]

It's just a load of ******** about nothing though isn't it? They didn't download his image, didn't upload it to their server. It's basically another feed direct from Flickr. The guy needs to get over himeself really - this will go nowhere

[ChrisBlack]

Another abject lesson in fence siting from DY :lol: ;)

[AWaite]

It's a tricky issue. But I wonder why Flickr doesn't automatically exclude images from the API feed if they are marked "all rights reserved"?

[Woz]

I'm with DY on this - you put your pictures on Flickr, you should expect people to look at them!

It would be different if the Indy had copied the picture to their server or put it to other uses like printing it, but just linking to the image...what a fuss about nothing!

[ChrisBlack]

Was he even given credit for the image?

[AndyWilson]

It was part of a feed from flickr - explicitly labelled as such, and with every image linked back to the original photostream,

It does seem to breach the TOC for API usage - but it's not exactly the big deal it's being made out to be.

[Woz]

To be honest I'd only be too pleased of any linkage from such a big site to one of my pictures!
Digg linked one of them once and it went mental!

[Boink!]

I neatly avoid any issues like this by making sure all my photos are extremely dull.

[mikegray]

It's a tricky issue. But I wonder why Flickr doesn't automatically exclude images from the API feed if they are marked "all rights reserved"?

Now this I absolutely agree with.

[Radiohead]

I'm with DY and Woz. A non-issue.

[RomerojpgX]

That must take some effort mounting that sort of defence, a lot of work has gone into the posts he makes. Think of the overtime he could have done :D could have made a bit more than the image is worth :D

I thought they had stole it at first, as in printed in the paper.

[belgarion_v]

Newspapers get high and mighty about copyright, they KNOW that to use an image they need to have either copyright or legal rights to publish (i.e. a license). The fact it is online and not in the paper itself is irrelevant, they used a photo that they had no right to do so.

As for the photo, I didn't think much of it myself, but that is only a personal opinion.

Vince

[raymondlin]

I think its down to the principle of the matter more than the monetory value of the photo. It made worse by the fact tha the initial response from the Independant wholly argued otherwise, and when pushed into a corner, fobbed it off to another department and went silent.

I would be more annoyed with the reponse itself than the use of the photo without prior permission.

[ChrisBlack]

The Indi has apologised and the 'tog has invoiced them for 100 schidabbles: http://www.bjp-online.com/public/showPage.html?page=872764

[cat]

Quite right imo. All rights reserved means exactly that and Flickr needs to start doing its bit to ensure that's respected. Well done him.

[Harold1066]

Glad to see he got an apology and a bit of cash:-)

[silverpenguin7]

To be honest I'd only be too pleased of any linkage from such a big site to one of my pictures!
Digg linked one of them once and it went mental!
Same here, I had an image 'Doug' once and it got 120,000 views in two days on my flickr :eek:

[thescrounger]

Glad to see he got an apology and a bit of cash:-)

Indeed. Of course he would have sod all if his photo had been excluded automatically.