Flickr....

:( Page refuses to load the video for some reason, just sits there,
 
Hmm well that is annoying it loads for me just fine. Anyway Virgin is saying that when you put an image up on Flickr you are giving up your right to privacy or right to consent.... what do you think. And the guy who took the pic didn't give the ok for Virgin to use it either.
 
Doesn't load for me either. However, what does Flikr say about this...? is this in their T&C's that photo's become 'public domain' and royalty free when posted using their services. If that were the case I don't think you'd get so many togs hosting their pics using them.

Always pays to watermark any images you host on web with a © et al.
 
I make sure that any images that go onto flickr have a © on them - would I be correct in assuming that that would prevent someone from doing this, and if they did then I would be in a good position to sue them?

I must admit - I don't think flickr would be anywhere near as popular if by posting pictures there you gave up all rights to an image!
 
Marcel said:
:( Page refuses to load the video for some reason, just sits there,
Click to expand...

Did the same to me. Then I right clicked the black screen and chose 'reload' - and it played fine...after an advert!

Guess you don't have any rights if you use flickr as the law suit is based on other things not copyright.
 
http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html

See 9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE,
http://www.flickr.com/help/general/#147
and
http://www.flickr.com/guidelines.gne

I think that part 9 says that you give Yahoo rights to manipulate and display photos as long as they are posted on Flickr for promotional purposes of Yahoo, not anyone else.
At least I couldn't find a part saying you can use someone else's photos freely without any prior notification in any way you want to.

So I consider what Virgin's employees did a serious issue of copyright infringement, they should take the ads down immediately and pay for the photo just like they'd pay anyone else.
 
Well it worked this morning. (Thanks for the 'reload' tip).

I have to say it depends on the creative commons license that was applied to the photo when it was uploaded.

UNLESS it was specified that commercial use was allowed (Cant remember the specific CC license though), then they don't have a leg to stand on.

Notice though it's actually the subject of the picture that is suing Virgin Mobil Australia, not the photographer.

There is more than one issue here. It's not *just* the issue of Virgin taking someones photo from a flickr stream without consent, payment, or authorisation. It's also the issue of them using a photo of someone to endorse a product, without model release. (Which is where the lawsuit comes from).
 
And if VM think that it's OK because it's posted on the internet, I'm off to download a load of music tracks that are owned by Virgin the record company......

See? Not so nice now is it? ;)
 
Marcel said:
It's also the issue of them using a photo of someone to endorse a product, without model release. (Which is where the lawsuit comes from).
Click to expand...

Of course the tog will also have a case to bring for copyright infringement...
 
I just found the thread on flickr about this and the original shot (now hidden) had a CC licence that allowed exactly this use so the tog will get nothing.
 
pxl8 said:
I just found the thread on flickr about this and the original shot (now hidden) had a CC licence that allowed exactly this use so the tog will get nothing.
Click to expand...

Link?
 
Marcel said:
And if VM think that it's OK because it's posted on the internet, I'm off to download a load of music tracks that are owned by Virgin the record company......

See? Not so nice now is it? ;)
Click to expand...

I doubt they would care as Virgin Records is a totally separate company! Branson sold it off in the early 90s.

Although even then, it is a different principle as Virgin do not put any of their output in the public domain unlike Flickr users.

Michael.
 
But isn't radio broadcast the same? Its just a different medium?
 
Ahhh it seems that the person who took the photo, uploaded it to Flickr and applied the Creative Commons license that allowed Commercial usage, as long as credit is given.

While this is alright on the face of it, that's not the issue in question (which I thought it was at first)....It's the fact that VirginMobile just blindly ignored the wishes of the subject of the photo, with scant regard to model release.
 
Hi i use flickr and u have to set ur pics to all rights reserved - on ur options page this way ppl cant download them.
 
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