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Back story to the pool picture from Flickr
Submitted by Jeff_Pflueger on Wed, 03/26/2008 - 1:05pm.
Photo by "DaveyBot" on Flickr
This photo I found while using the Creative Commons search feature. It lets me search flickr for images licensed with a creative commons license. If you want to use it, go here: http://search.creativecommons.org and click on the Flickr tab and then type in something to search on.
This image had the following as a creative commons license:
That means that I can use the picture for anything I want, including altering/adapting it, as long as I give the photographer credit, don't do use it for commercial purposes, and that I apply the same or similar license when I share a deritivite work that I make from the photo.
So I took it and we added a Copyright symbol to the ball.
Here's a problem I encountered in trying to stick to the licensing: Everyone has a screen name on Flickr. In this case, the photographer is "DaveyBot". Also when I searched the metadata within the image - it was all gone. There was NO EXIF data (camera, shutterspeed, etc etc), and no information anywhere about the creator in the IPTC metadata. Does Flickr strip this info? Or did the photographer strip it accidentally? Who knows...but the long and short of it is: sure I can give the photographer credit, but all I have is "DaveyBot" - and once I repost the image somewhere, even if I put credit below the image identifying the photographer, the image is prone to being "orphaned" with just a simple right click and a "save as"
Back story to the pool picture from Flickr
Jeff,
You wrote: "That means that I can use the picture for anything I want, including altering/adapting it, as long as I give the photographer credit, don't do use it for commercial purposes, and that I apply the same or similar license when I share a deritivite (sp) work that I make from the photo."
Unfortunately, you *may* still be violating the author's copyright by doing this. The license terms specify, as you quoted above, that it can't be used for commercial purposes.
There are admission fees being charged to *some* attendees for this ASMP meeting. This photo is being used to advertise and promote this meeting. Therefore, this could be determined to be a commercial use (ASMP NorCal will be earning money from its promotional use). Even though the program or meeting is supposed to be educational in nature, and most attendees will not need to pay to get in, you MIGHT be in violation of the usage terms and therefore, violating the author's copyright.
Stating in the ad that you "stole" the picture could also be deemed indication that you had knowledge you were using it without proper license, and MIGHT just be inviting legal action.
Is that a risk ASMP or the NorCal chapter is willing to take? But more importantly, is this the sort of activity that ASMP really wants to be setting as an example for others to follow?
I'd suggest running something like this by Vic Perlman ASAP. (He's the one who'll wind up having to lead ASMP's defense if legal action were to occur.)
It's certainly an attention-getter, though (grin), and the back story is interesting.
Thanks for your efforts.
Scott Highton
Author, Virtual Reality Photography
Web: http://www.vrphotography.com