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
Kirby Ferguson, who created the remarkable Everything is a Remix series, has a new podcast hosted by the Recreate Coalition called Copy This and he hosted me on the debut episode (MP3) where we talked about copying, creativity, artists, and the future of the internet (as you might expect!).
The Electronic Frontier Foundation has launched a new series, 12 Days of 2FA, in which every installment explains how to turn on two-factor authentication for a range of online services and platforms.
Xiaolizi is a design collective in Jiaozuo in Henan province, China; they’ve produced a remarkable line of gorgeous and moderately priced dieselpunk women’s coats that are just on the line separating fashion and cosplay, much like Chicago’s Volante Design — my top pics are the Navy wool coat and the gray military coat, both $190 […]
The Boing Boing Store’s Gift Guide is full of ideas for pretty much anyone in your life like hipster ice cub trays, Xbox controllers, Halo Boards, and even diamond necklaces. As always, all products in the Boing Boing Store come at great discounts, too. Shop by price bucket starting at under $20. Under $20:Bloxx Jumbo Ice Trays […]
Unlike traditional lighters, the SaberLight features an electronic plasma beam that’s both rechargeable and butane-free. This sleek lighter is even approved by TSA, so you’ll never be stuck buying lighters you’ll just have to throw away partially used. For some people, like me, this is a pretty big game-changer. The SaberLight’s beam is actually both hotter and cleaner […]
Holiday shopping is in full swing, and the Striiv Touch is one of the best gift ideas I’ve landed on. Its simple design works for females and males, and its wide range of features makes it suitable for even the non-fitness enthusiasts in your life.Unlike traditional fitness trackers, the Striiv Touch also acts as a smartwatch. It […]