used a photograph by Peter Zabulis
without asking his permission. The photo in question is marked "All Rights Reserved," meaning that the photographer didn't offer any license to use it--a wee fact that The Indy
Normally when this sort of thing happens, emails are sent, accommodations are made and the situation is resolved. (In this case, the teaching moment is that the Flickr API feeds you content, but not a license to use it). But when Zabulis contacted The Indy
--a major newspaper in the UK--the respondent instead claimed that by posting the picture to Flickr, he had abandoned his rights, even if Flickr's terms of service (not to mention the law) say otherwise.
We took a stream from Flickr which is, as you know, a photo-sharing website. The legal assumption, therefore, is that you were not asserting your copyright in that arena. We did not take the photo from Flickr, nor present it as anything other than as it is shown there.
I do no consider, therefore, that any copyright has been breached or any payment due.
Freely sharing one's work is a popular choice, but it's not the choice that Zabulis made here. Moreover, the Independent
didn't attribute the work, responded disrespectfully to his inquiry, and offers no fair use defense or even a transgressive rationale for what it did: just "tough shit, old boy," safe in the knowledge that legal recourse is an option only to those who can afford it.
Pete's flickr set
I use this rocker garlic crusher several times a week. To use it, you just put a peeled clove of garlic under the crusher and rock the crusher over it a few times. It will smash the garlic through the holes, which you can then add to your food or skillet. When you are done, […]
Archilogic made this interactive 3D model of the Scranton branch of Dunder Mifflin from The Office. You can scan over the entire space under “floor plan view,” starting off with Pam’s desk and the office of Michael Scott. Then head past the galley kitchen and men’s and women’s bathrooms. You can zoom in and get […]
“I wuv you, wobot.”
When you can’t wait for the world’s longest meeting to end, the mindless leg bouncing makes your boredom obvious and just annoys everybody else. Everyone knows the TPS reports need the damn cover sheet, but some sadistic colleague keeps forgetting, probably on purpose just to eat into your lunch hour. Enough is enough!While serving a […]
What could be more fun than a slingshot that shoots tiny airplanes? A slingshot that shoots tiny glowing airplanes of course! These toy planes are outfitted with ultra-bright LEDs, so you can fly all night without losing them in the trees.Whether you are a regular-sized child, or an overgrown adult one, these light-up flyers offer […]
You know the drill. You go to the dentist and they ask you how often you floss. You lie through your teeth and say, “every day!” (Bonus points if you have some cilantro or chives stuck in your gums from lunch). You don’t want to keep up the charade any longer, but rubbing that tiny strand […]