The article writes doesn't seem to have an understanding of what Creative Commons really is. It is not an entity that licenses photos, it is an entity that makes standard licenses available for those of us who would like to put our work out there under something a bit less restrictive than full copyright.
That said, Virgin's mistake was to neglect looking for a model release. The photo itself was released under a CC license that allowed commercial use, and this is something that the photographer has to do explicitly. So the photographer also messed up here, and he has really no recourse. It is trivially easy to have a CC license that allows other uses but disallows commercial use. My pictures are released under CC "attribution,non-commercial-share alike" that means people can use them for non commercial purposes, and they can remix them in collages or in a documentary or whatever. If they do so though, they have to 1) credit my picture and 2) release their work under a similar or more permissive license. It's simple once you take the time to think about it a bit. The photographer in question didn't. j On 9/21/07, Mark Roberts <[EMAIL PROTECTED]> wrote: > David Savage wrote: > > ><http://news.ninemsn.com.au/article.aspx?id=76588> > > Short version: Australia's Virgin Mobile phone company ran an ad > campaign using photos from Flickr that had been posted under Creative > Commons licensing. One of the people shown in one of the photos is > suing. > > "The images have been featured within the positive spirit of the > Creative Commons Agreement, a legal framework voluntarily chosen by the > photographers," the statement said. > > True enough, but if there's a person recognizable in the photo, you > still need a model release. > > Even shorter version: Virgin messed up badly! > > > -- > PDML Pentax-Discuss Mail List > [email protected] > http://pdml.net/mailman/listinfo/pdml_pdml.net > -- Juan Buhler - http://www.jbuhler.com photoblog: http://photoblog.jbuhler.com a book: http://www.jbuhler.com/book.html -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net
