Comments on: Big media is stealing your photos

By: Fagstein » Copyright infringement isn’t ok just because everyone else does it

Mon, 17 Sep 2007 07:12:04 +0000

[...] I just looked at when media violates your copyright, it seems only fair that we take a look at the reverse, and how equally stupid the excuses [...]

By: Fagstein

Fagstein — Sat, 15 Sep 2007 15:57:34 +0000

The photo in question wasn't CC-licensed. In any case, big media should still be aware of what CC does and does not allow them to do. It's not like they make the terms complicated.

24 Heures claimed the photo came from the group Quebec Vert Kyoto, who in turn said the press release was sent from Festival Ecolo. That group swears they didn't send a photo with a press release.

By: Jonathan Bailey

Jonathan Bailey — Sat, 15 Sep 2007 15:34:39 +0000

The argument that they are not responsible because the photo was sent along in a press release is, of course, stupid. That would only be true if they had no editorial control over their own content.

An analogy would be this comment form. When I hit submit, unless I get chewed up in filters, my post should go live without any editorial control from you. If I infringe copyright, you would not be held responsible so long as you removed it when notified.

However, if I submitted a story to you, you read it, edited it and THEN posted it, you have at least some of the responsibility. This is a clear situation where both parties have some responsibility.

Just out of curiosity, do you know if they identified the company that allegedly did this? Just wondering if it is another phantom "So and so sent it to me" case but with a major media company.

By: Kate M.

Kate M. — Sat, 15 Sep 2007 15:24:38 +0000

I don't know Ms. Bélanger's work, but do note that Flickr allows and encourages its users to put pictures up under Creative Commons terms, and some people do this without taking in the implications. Admittedly, most CC licenses rule out commercial use, which would cover newspaper publication, but I suspect most people read CC as meaning that the owner doesn't care if you "borrow" their work. In doubt, people should opt for "all rights reserved" which is equally an option.