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 love TV theme songs. I play old science fictions standards in the car or fast roads, funky 70s cop and public service show themes when I drive around big cities, and children’s television workshop themes touch my heart. Walks down Memory Lane can be fun, when they aren’t terrifying acid flashbacks. Here is a […]
Arduino is an electronics prototyping platform that gives non-engineers the ability to add interactivity to their projects. (I teach an online Arduino course on Skillshare that 1,163 have taken with a 97% rating). Amazon has a sale on the genuine Arduino Starter Kit for $72. It has the Arduino Uno microprocessor and a bunch of […]
This cinéma vérité style documentary follows a Marine Corps drill instructor and his crew of fresh recruits in San Diego during the 13-week training program known as boot camp. From Wikipedia: In Helmet for My Pillow, his World War II memoir, journalist Robert Leckie wrote of Marine Corps Recruit Training that, “It is a process […]
Jared Sinclair developed the RSS reader app Unread, which made $10,000 in its first 24 hours on the iOS market. And we’ve all heard the story of Flappy Bird developer Dong Nguyen, whose creation was reportedly earning $50,000 a day at the height of its 2013 explosion. While those are rare examples, they’re also testament to the […]
If you or your company’s IT system are besieged by black hat cyber attacks, an ethical hacker might be all that stands between crippling damage and a company’s long-term prosperity. It’s no wonder that the market for IT security specialists is exploding. Certification is the key – so learn the tenets of ethical hacking and get […]
Your laptop and mobile devices are top of the line…so why are you trotting out that raggedy decades-old suitcase when you go somewhere? Time to up your travel game with a complete 5-piece Herschel Travel Luggage bundle…and we’ll even give it to you for free!Of course, you’ve got to win the Ultimate Herschel Travel Bundle […]