Colin,

Thanks for posting this item. I have a number of photos on Flickr myself. Unfortunately, it seems more an issue with photos on websites overall, not just on Flickr. I don't like the "fair use" doctrine that some use to justify using others' photos. Copyrights should be enforced, and using a photo on a commercial site without permission should never be allowed.

I noticed that it was Virgin Australia who used the photo in their ad campaign. I'm wondering if copyright laws in Australia are much different in the land down under than they are here in the USA.

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Brian B

Well, I would say if you are posting to a public site, you are submitting to the public domain.

Of course if you are submitting to your site and have copyright disclaimers, it is not fair use.

I would say the kid has no case, but flickr would, depending on what the agreement they have with users is (you agree all material posted to our site is owned by us, etc.).

Ultimately, this will probably settle out of court so no case law will be created.

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Czar of the 26th Ward.

The person who created the photograph, owns the photograph until unless he signs over rights.

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PhillySnaps Photography Forums

By the way, the photo is useless with out Releases.

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PhillySnaps Photography Forums

Watched the CNN clip. I'm impressed that the clip was able to be blown up to Bus-Shelter side size. In a land where photographers can use telescopic lenses to shoot celebrities who think they are in seclusion/privacy (usually not sued), I guess Flickr really is becoming the free GettyImage/PhotoBank of our time.

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-Nicole Lapin

Yeah, LJ told me that once, as justification for encouraging folks to help themselves to photos on my website.

It doesn't work that way, though. The creator has the copyright unless he/she waives it.

In the case of Flickr, their software makes this explicit by assigning an "all rights reserved" label to photos unless the uploader specifies something different, such as the Creative Commons license.

All the same, internet bandits being what they are, I wouldn't put anything out on the web with the expectation it wouldn't be ripped off. Still and all, if someone used one of my photos for gain without paying or even notifying, I might have a friendly attorney write them a pay-or-die letter.

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I use the Creative Commons License for my photos of Flickr
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