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Flickr Photo Used Without Permission

Chang v. Virgin Mobile USA

         

engine

11:52 am on Oct 5, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



One moment, Alison Chang, a 15-year-old student from Dallas, is cheerfully goofing around at a local church-sponsored car wash, posing with a friend for a photo. Weeks later, that photo is posted online and catches the eye of an ad agency in Australia, and Alison appears on a billboard in Adelaide as part of a Virgin Mobile advertising campaign.

Four months later, she and her family are in Federal District Court in Dallas suing for damages.

Flickr Photo Used Without Permission [nytimes.com]

Moral: Think about what photos you upload, and what permissions you grant.

arieng

6:21 pm on Oct 12, 2007 (gmt 0)

10+ Year Member



It sure sounds to me like using any Flickr image for commercial purposes that contain people is very risky to say the least.

What about photos without people? I needed a photo of a particular type of building and found one on Flickr that I plan on using a derivative of in an upcoming site design. Any potential problems with this?

Dabrowski

10:56 am on Oct 13, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



What about photos without people?

It depends, I believe the basic rules are, you can't use someone's picture without their permission. Without people it depends if the photo is copyrighted by the original photographer, it will usually by a note on the image itself, but that's no guantee.

I had a mate who had all sorts of photo's on his (commercial) site, that he's knicked from here and there. Eventually the copyright owner of some of the images found them and it cost him £2,500.

cmarshall

1:15 pm on Oct 13, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Here [theregister.co.uk] is an interesting article on what happens when people just slap whatever license they want on content that appears on their site, regardless of its source and original license.

I don't think this actually applies to the case here. I believe the photographer posted the image with a CC license, but without a model release [danheller.com] from Ms. Chang.

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