Using an image, wit...
 

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[Closed] Using an image, without permission, but with reference

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So if you have an image, that is not yours, you are passed it by a third party, are you allowed to use it (for company promotion and self promotion) if you simply add the flickr username to image?


 
Posted : 29/08/2012 8:13 pm
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why not contact through flikr to be sure?


 
Posted : 29/08/2012 8:14 pm
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No, not at all. Unless its been licenced accordingly. As above contact said photographer before using


 
Posted : 29/08/2012 8:15 pm
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[url= http://www.flickr.com/help/general/#147 ]

ur members share an incredible amount of amazing work on Flickr. If there is an image you'd like to use, look for the "Request to license" link near the license on the photo page. We've partnered with Getty Images who will review the image, determine if it's a good fit for licensing through them, and work out all the details if so.

Not all members have this enabled. If you don't see it you can also contact the member directly. As a member of Flickr, you can move your mouse over someone's buddy icon and click the little arrow to open the "person menu." Then select "Send FlickrMail" and compose your message. When you contact a photographer, it's best to include as much info as possible about the photo, yourself, and how you want to use the photo

[/url]


 
Posted : 29/08/2012 8:16 pm
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What des the license say on the Flikr page? Link to picture?


 
Posted : 29/08/2012 8:16 pm
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Definitely not cool. Really gets on my tits when people steal my images and then blame it on their web designer.


 
Posted : 29/08/2012 8:17 pm
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Most people, on Flickr, license their work under a Creative Commons License, normally making it free for non-commercial use as long as the artist is recognised.

http://www.flickr.com/creativecommons/

All my stuff is Attribution, Noncommercial.

EDIT: I also generally let people use it commercially for free if they ask nicely.


 
Posted : 29/08/2012 8:20 pm
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http://www.flickr.com/photos/willowherb/3977455442/


 
Posted : 29/08/2012 8:39 pm
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Ahhh, reading up on Willie's flickr settings.


 
Posted : 29/08/2012 8:42 pm
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similar but slightly different situation.
I was working at an event at the weekend and took lots of photos of my companies products in use at the event as well as photos of other things. My camera, not supplied by work, nobody asked me to take the pictures but the event was interesting and I usually take my camera most places.
I sent a picture to a colleague who works in the marketing team and asked if he thought he could use it for some literature he was hoping to have printed. He said yes and I should send him other similar photos.
I didnt get paid for the weekend work (take a day off in leiu, dream on!) never have been paid for weekends.
Should I get some kind of payment for the photos or named in the credits or another day off in leiu?
Not wanting to put a pro snapper out of work for the day, but some stuff turned out pretty good and figure it would be good to use it rather than go to the cost of mocking up the situation with actors and getting in a pro. Save the company a few quid and they might think better of you (I know, MUG) my company are not known for there benevolance.
Anyway, cash, credit, holiday or lesson learned?


 
Posted : 29/08/2012 8:42 pm
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So if you have an image, that is not yours, you are passed it by a third party, are you allowed to use it (for company promotion and self promotion) if you simply add the flickr username to image?

Under the copyright designs and patents act its theft.


 
Posted : 29/08/2012 8:49 pm
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The time to ask that is before you say 'yes' (-:

In your situation, I don't think that requesting credit is unreasonable. Though I'd want paying if I was working in the first place, otherwise what's the point?


 
Posted : 29/08/2012 8:49 pm
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The photo linked has a Creative Commons license, but it's [url= http://creativecommons.org/licenses/by-nc/2.0/ ]by attribution and non-commercial[/url].

I doubt a commercial FB page classes an non-commercial.


 
Posted : 29/08/2012 9:07 pm
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OP: That image is licensed Attribution-Noncommercial:

http://creativecommons.org/licenses/by-nc/2.0/

so, in a nutshell, no you can't. Contact the photographer...

[Edit: The way you posed the question suggested that it was you wanting to use the picture, from the FB page I'm guessing that that's not in fact the case 🙂 The photographer should very much get in touch with them...]


 
Posted : 29/08/2012 9:09 pm
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Honestly, now I've calmed down a bit (this stuff really gets my goat), get in touch with the photographer and ask if you can use the photo. There's a pretty good chance they'll be delighted that somone appreciates their work and will be happy for you to use it with a credit.

Worst case, they'll go on some piss-ant photography forum and some twit (just been warned about swearing on the forum), so some twit will point them at the Getty calculator for image usage and they'll try to sting you for £400.

At which point you can point and laugh.

I've been on the other end of such requests and usually ask for somewhere around the £40-50 mark. They usually point and laugh.


 
Posted : 29/08/2012 11:50 pm
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CTC contacted me and offered me £72 to use one of my photos in their mag, i'd have been happy with a mention or a years sub to the CTC


 
Posted : 30/08/2012 5:21 am
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CTC contacted me and offered me £72 to use one of my photos in their mag, i'd have been happy with a mention or a years sub to the CTC

What I was going to suggest, would they be interested in what the ad is for (unless it's a car or something 🙂 )


 
Posted : 30/08/2012 5:27 am
 Joe
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To be fair they've only shared the photo on their facebook page. I don't think there a problem with it.


 
Posted : 30/08/2012 9:59 am
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To be fair they've only shared the photo on their facebook page. I don't think there a problem with it.

well thats OK then using a photo for commercial reasons on facebook isn't commercial and not against the terms of use specified in the owners copyright.

For the sake of an e-mail to check and maybe a little freeby nicking it is better


 
Posted : 30/08/2012 10:03 am
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Matt Robinson Oi! That pic is taken from outside my house - by a friend! Do Edinburgh uni / Teva etc have permission to use this? http://www.flickr.com/photos/willowherb/3976693879/in/set-72157622383666499

and from the Facebook page


 
Posted : 30/08/2012 10:04 am
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If you've not got permission to use an image, you don't use it. Its really is that simple! I'm absolutely with user-removed on this. Gets my bloody goat too, as I've been on the receiving end of people nicking my imagery a good few times!

Have you seen how much istock, getty etc charge to use their images? There's a good reason for this. People are happy to pay to use good imagery. If you're not, then go and take your own photo's!!


 
Posted : 30/08/2012 10:13 am
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point them at the Getty calculator for image usage and they'll try to sting you for £400.

and the rest, I looked up what Getty would have charged for a photo I gave away for a free T-shirt to be used in a US magazine and it was £750 for a one off use for that print run and market!

[url= http://farm9.staticflickr.com/8440/7791054464_b14e9ae46f.jp g" target="_blank">http://farm9.staticflickr.com/8440/7791054464_b14e9ae46f.jp g"/> [/img][/url]
[url= http://www.flickr.com/photos/brf/7791054464/ ]This Ad will appear in Mountain Bike Action in September 2012[/url] by [url= http://www.flickr.com/people/brf/ ]brf[/url], on Flickr


 
Posted : 30/08/2012 10:39 am
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Did they offer a t-shirt up front or did you have to haggle? 😉


 
Posted : 30/08/2012 10:53 am
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Actually they offered to pay and I asked for some branded stuff and a credit on the ad instead! Photography is just a hobby, I don't do it for money.


 
Posted : 30/08/2012 10:56 am
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Perhaps you should? Its a cracking shot! 😀


 
Posted : 30/08/2012 10:58 am
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Actually they offered to pay and I asked for some branded stuff and a credit on the ad instead!

You're clearly insane 🙂


 
Posted : 30/08/2012 11:03 am
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Actually they offered to pay and I asked for some branded stuff and a credit on the ad instead! Photography is just a hobby, I don't do it for money.

at least they offered rather than just bunging it on their facebook page


 
Posted : 30/08/2012 11:06 am
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You're clearly insane

That goes without saying....


 
Posted : 30/08/2012 11:07 am
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That is a cracking shot Footflaps - very well timed and taken!


 
Posted : 30/08/2012 11:35 am
 JoeG
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Footflaps - Are you at least getting some copies of the magazine?


 
Posted : 31/08/2012 4:26 am
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Hopefully and if not I have a friend in the US who'll post me one.


 
Posted : 31/08/2012 8:03 am
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Clever marketing - how many of Teva's target market have now been directed to their facebook page?

MOAA has it been removed now?


 
Posted : 31/08/2012 8:29 am
 snax
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So if you have an image, that is not yours, you are passed it by a third party, are you allowed to use it (for company promotion and self promotion) if you simply add the flickr username to image?

It's a bit like this.... I mentioned to a friend of a friend the other day in the pub that I was looking for a new bike, but funds were limited... the next day he knocks on my door with a brand new Orange Five, my size and everything and says I can have it as he found it, and it didn't seem to belong to anyone...

Reread your post, think about the fact that photography is the product of someone's hard work, determination, expenses, blood, sweat, tears, late nights, long days, frustrations and total joy... Then look at my scenario and make up your own mind...


 
Posted : 31/08/2012 8:31 am
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On a similar subject, the Great Swim had a photographer recording the day at Salford Quays for the Great Manchester Swim. He took a candid photo of me and I have noticed that they used it on their web site.

I liked the photo, and have copied it without realising there may be copyright issues. Do you think it is unreasonable not to ask permission in this instance (with the photo actually being of me)?


 
Posted : 31/08/2012 8:41 am
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Reread your post, think about the fact that photography is the product of someone's hard work, determination, expenses, blood, sweat, tears, late nights, long days, frustrations and total joy... Then look at my scenario and make up your own mind...

Before offering advice on rereading the post, maybe you should read the thread 😉
BTW Here's a picture of a baby robin I took yesterday - it's free to everyone.
No blood, sweat, tears (though a slight amount of bird poo) was lost in it's creation.
[img] [/img]


 
Posted : 31/08/2012 8:42 am
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OrmanCheep - In that circumstance, I think If you got in touch with him he'd happily supply you the hi-res. If he's using it, and therefore generating income from it himself. Seems fair


 
Posted : 31/08/2012 8:43 am
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I was in the barbers the other day and noticed I was on the front cover of the Ride the Roses leaflet, a local charity sportive next month. I'm going after those cancer caring, image robbing gets!

That was a joke.


 
Posted : 31/08/2012 8:53 am
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Are images on Facebook hotlinked from flicker? If so it's not legally copyright infringement.


 
Posted : 31/08/2012 9:34 am
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Are images on Facebook hotlinked from flicker? If so it's not legally copyright infringement.

Really? 😕


 
Posted : 31/08/2012 9:35 am
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When you hotlink from another website, you're not hosting the image yourself. As such, the image may be considered public domain than anyone can view.

If they do not want it to be hotlinked, there are technical methods to prevent it.

Bit of a grey area?


 
Posted : 31/08/2012 10:18 am
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No, sorry, that's bollocks. There's more to copyright than copying -- here's the Copyright, Designs and Patents Act 1988:

16 The acts restricted by copyright in a work
(1)
16
The owner of the copyright in a work has, in accordance with the
following provisions of this Chapter, the exclusive right to do the following
acts in the United Kingdom
(a) to copy the work (see section 17);
(b) to issue copies of the work to the public (see section 18);
(ba) to rent or lend the work to the public (see section 18A);
(c) to perform, show or play the work in public (see section 19);
(d) to communicate the work to the public (see section 20);
(e) to make an adaptation of the work or do any of the above in relation
to an adaptation (see section 21);
and those acts are referred to in this Part as the "acts restricted by the
copyright".

The "work" is the picture. The "owner of the copyright" is the photographer. Teva may not have technically copied the picture, but they've shown it to the public, communicated it to the public and (arguably) made an adaptation of it.

That's ignoring the fact that the photographer has specifically stated that the image is not to be used for commercial purposes.


 
Posted : 31/08/2012 10:28 am
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No, sorry, that's bollocks.

In your opinion. The courts have decided it's not.


 
Posted : 31/08/2012 10:50 am
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OK 🙂 Point me at an example case? Genuinely interested 🙂


 
Posted : 31/08/2012 11:00 am
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There are quite [url= http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing ]a few cases[/url], the one that has the most impact is the [url= http://en.wikipedia.org/wiki/Perfect_10,_Inc._v._Amazon.com,_Inc. ]Perfect 10 v. Amazon.com[/url] case as the courts seemed to suggest that all types of hotlinking would be defendable in court where as previously cases had mostly covered thumbnails and search engines.


 
Posted : 31/08/2012 11:21 am
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Anything in the UK? US copyright law is significantly different.


 
Posted : 31/08/2012 11:23 am
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That Teva image is hosted on FB servers, so without permission it would be copyright infringement. Looks like they got permission though.

If the image has been hotlinked from Flickr and you want to break it, just rotate the image and then rotate it back again - that breaks the image URL.


 
Posted : 31/08/2012 11:43 am
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According to Teva they have 'reached out to the photographer'...and according to the uni 'they got permission' after it was published on front cover of a local magazine, making it fair game to use how they like....

According to Willie who took the picture, they could have a copy for the Uni canoe club to use...nowt else...


 
Posted : 02/09/2012 8:16 pm

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