Virgin Australia has been hit with a lawsuit for its use of a photograph from Flickr in an ad campaign. The girl in the photo is underage and her-friend-the-photographer naturally didn’t get any kind of model release before licensing the photo CC-BY on Flickr.
Lawrence Lessig has a copy of the lawsuit on his blog which explains why Creative Commons has been named as a party in the lawsuit. It basically amounts to “they didn’t explicitly warn me something like this could happen”.
My thoughts are that I’m glad Virgin is being sued over this. They were jerks to use this photo in the first place. I understand that stupid multinational corporations can use works I license under CC licenses, but I’m happy they’re being pulled into line. I think CC being named in the suit is just misguided, but maybe it won’t hurt for the licenses to be tested in court. :) Is a URL without a username sufficient attribution?
Second thought. This confirms my belief that conscientious photographers should avoid CC licensing photographs of people. I would never CC license a photo of my friends. Famous people are fair game.
Third thought. I hope this inspires CC users to read up what they’re actually agreeing to. Like something interesting I discovered: the version 1.0 licenses have this clause:By offering the Work for public release under this License, Licensor represents and warrants that, to the best of Licensor’s knowledge after reasonable inquiry:
1. Licensor has secured all rights in the Work necessary to grant the license rights hereunder and to permit the lawful exercise of the rights granted hereunder without You having any obligation to pay any royalties, compulsory license fees, residuals or any other payments;
2. The Work does not infringe the copyright, trademark, publicity rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.
Hm, well that makes all my CC-BY-SA-1.0 releases invalid, because I sure as hell never checked those things. And I sure as hell don’t intend to. Happily, CC seems to agree that those things don’t in fact belong in copyright licenses.
On the cc-community mailing list, there has been a killer thread about what “NC” (non-commercial, as in “this photo can be used for non-commercial purposes”) means (entitled “What does NC means?”). Many people are confused about this, and CC doesn’t seem in any rush to clear up the confusion. They seem happy with the poorly defined but vaguely comforting terms. Terry Hancock writes eloquently here about how NC and ND licenses betray the tradition that the “commons” part of the Creative Commons name lays claim to.
There seem to be plenty of people within CC culture who are pissed about this, but CC doesn’t seem willing to act to even encourage people towards freer license terms. They emphasise the clarity of “choice” to the individual licensor at the expense of benefit to the commons they purport to help create. It is kinda annoying.
I am starting to think we need a http://www.NCandNDarenotfree.org/ with arguments and polite form letters that people can send to probably-misguided NC and ND license users. Especially people who set site-wide licenses, like wiki administrators: these people need a clip around the ear if they choose a NC or ND license. Well, first they need a persuasive argument, then if they persist, the clip. It could be like GNU’s campaign to end Word attachments, Although they appear to have lost the war, but small individual battles are won each day.
And the last mention must go to the recent iCommons iHeritage event, celebrating South African Heritage day. They were uploading media to Wikimedia Commons and Flickr. There is probably still a bit to go as they were recording audio as well. I helped out a bit by creating some help files on Wikimedia Commons.
I’m sure there is much more content on Flickr. I can’t really blame anyone who chose to upload there instead of Commons. I suppose the good thing is our Flickr transfer service making copying them over nice and easy. :)
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