An interesting story about photo-use rights, Flickr and Creative Commons that you can follow as it unfolds on the Flickr comments, here. The first comment in the thread, ‘Hey that’s me! no joke. i think i’m being insulted,’ is the young girl whose image was lifted from Flickr and used by Virgin Mobile Australia in an ad campaign called ‘Dump Your Pen Friend’.
The story was covered in the New York Times here in Oct 2007, which was posted to Tumblr today by untanglingtheweb - thanks for posting it!
The NYT teaser:
‘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.’
I use a Creative Commons licence on my own photos, but having read this thread, I’m going to take another look at my CC settings to make sure my copyleft, no-commercial-use intentions are being properly expressed and protected. I use this one (Attribution-NonCommercial-ShareAlike), embedded in the metadata of all my photos and set on my Flickr uploads. It allows people ‘to Share — to copy, distribute and transmit the work’ and to ‘Remix — to adapt the work’, under the following conditions:
- Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
- Noncommercial — You may not use this work for commercial purposes.
- Share Alike — If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one.
The Virgin Mobile story also involves the rights of the person depicted in the photo – you can trace more discussion of it, the Virgin Mobile ad campaign, and another photo they used from Flickr, here and here.