Apparently flickr has a separate agreement with other users, and people who post there photos on flickr need to mark them with "All rights reserved" or have a Creative Commons license:

Comply with any requirements or restrictions imposed on usage of the photos by their respective owners. Remember, Flickr doesn't own the images - Flickr users do. Although the Flickr APIs can be used to provide you with access to Flickr user photos, neither Flickr's provision of the Flickr APIs to you nor your use of the Flickr APIs override the photo owners' requirements and restrictions, which may include "all rights reserved" notices (attached to each photo by default when uploaded to Flickr), Creative Commons licenses or other terms and conditions that may be agreed upon between you and the owners. In ALL cases, you are solely responsible for making use of Flickr photos in compliance with the photo owners' requirements or restrictions. If you use Flickr photos for a commercial purpose, the photos must be marked with a Creative Commons license that allows for such use, unless otherwise agreed upon between you and the owner. You can read more about this here: www.creativecommons.org or www.flickr.com/creativecommons.

http://www.flickr.com/services/api/tos/

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Low res should not be construed as protection from use. Imagine 10,000 people using an image as an avatar, would mpennsky be able to sell this image in a gallery? An avatar would be the bottom of the uses of a low res image, but a low res image would have many uses and websites would be the most obvious.

Let's not hit the panic button, but flickr does allow others to use photos that you post on it's site, unless the user employs some legal protection.

Post #62: http://www.phillyblog.com/philly/786169-post62.html

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I just took a quick look at my photobucket account and did not see anything about them using an image of mine for their use. They had links which I did not open but will explore in the near future. My stuff is for my own use and probably would have no comercial value BUT the mpennsky work is art and is sold to collectors and could be sold to a third party even in a reduced size for advertising in a small format.

I get links to Flickr accounts from time to time when someone wants to share some shots with friends and I am sure they do not know that these could be used w/o their permission.

Thanks for bringing this up.

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Before you criticise someone, you should walk a mile in their shoes. That way, when you criticise them, you're a mile away and you have their shoes.

I wanted to thank everyone again for the support. I've been busting my butt finishing up projects as well as getting my new portfolio together and looking over the details for shows in NYC, Chicago and of course here. I'm extending my "special" on my Philadelphia Squared prints for another two weeks to show my appreciation.

www.michaelpennphotography.com

http://www.flickr.com/photos/13668275@N07/


mikepenn@mac.com

When I signed up with Photobucket (or as Hyacinthe might say, Photobouquet) I do believe I saw something which left the door open for them to do the same thing. Even though your photos aren't "art" but like the photo of the girl used for the ad in Australia "art" wasn't the question. Someone found a photo that fit their needs.

Last year when the story broke I put it on here, so it's not new.

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Where will the show in philly be?

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