kraftymiles

Technology, Films, Nonsense

Some Rights Reserved

Posted by kraftymiles on March 5, 2008

So, this entry is born of a couple of things. I like to take photos, far too many for my own good, and some of them are pretty nice to look at. When on a big round the world trip I started getting interested in landscapes and took many, many photos and posted them up on the internet. Chase Manhattan contacted me asking if they could use one of the photos for some promotional material. We agreed on a licence for them to do that and they paid me for it.
A year or so later, a diving club contacted me and asked if they could use a photo on their website, I took a look, and agreed a different sort of licence with them and they have it up now.

The first licence allowed for unlimited international use for a period of no more than 1 year, and agreed upon a size and gave me a credit.
The second was under a form of Creative Commons Licence and I only asked for a credit. The Licence does not allow for them to sell or charge for this image, and to be honest, we were all happy. If you don’t know much about CC then think of the first sale as being one of “All Rights Reserved” and the second being “Some Rights Reserved”

Where does this all lead us? Well, Flickr have been in the news a bit recently over their use of the Creative Commons Licences. You may or may not, and let’s face it, you probably don’t as no one reads the Ts and Cs on a site before the start using it. So you probably aren’t aware that when you upload to Flickr you have to select a licence for your photos. So there is this feller, Justin Wong, who took a pic of a friend and uploaded it to Flickr under CC. Virgin Mobile then come along, like his photo and see that it’s CC so they use it in an advert, correctly attributing it to him.

Turns out that Mr Wong didn’t like that and wants his share of the cash, so he heads on over to Flickr and tries to sue them for not properly explaining what CC is all about. Oh and the lawyer also sure Virgin as well, possibly because they have pots o cash and deep pockets to make this go away.

Here is CC’s take on the lawsuit
http://creativecommons.org/weblog/entry/7680

And Lawrence Lessig’s
http://lessig.org/blog/2007/09/on_the_texas_suit_against_virg.html

So far, so mundane, in the world of copyright law. Here’s a more interesting one for you though. Lara Jade has a Deviant Art account and uploaded a self portrait of herself taken when she was 14. A pornographer from Texas nicked the image and stuck it on the cover of a pretty poor repackaged movie.
She asked them to remove it and pay compensation. Their reply?

“I’m sure by the end of the month your face will be history. We have stopped selling the dvd until cover is replaced. We have further checked out your name and its not like it’s a house whole name. Actually, removing your image will help improve the sell of the dvd….. So far it bombed.

They are remaking the cover as we speak so your ten seconds of fame will soon come to an end.

As for compsensation;your silly“

Gotta love the standard of education in Texas eh? So, now she goes and gets a lawyer to represent her in the US (she’s a UK citizen). Here’s the best bit from her lawyer in response to the counterclaim:

“Apparently, merely ridiculing Lara Jade was no longer satisfying so Burge [that’s the pornographer] and TVX felt the need to accuse Lara Jade of “scheming,” by which Burge presumably meant to suggest that Lara Jade, a teenager in England, had intentionally allowed her creative work to be placed on the internet in the hope that it would be stolen by a pornographic video manufacturer in Texas and used as the cover of a re-packaged 1970’s era pornographic movie so she could then locate the Texas-based pornographer in the hope of extracting compensation from it. The absurdity of this notion is readily apparent.”

Nice.

On another note, and linked to the Facebook post from earlier, there are adult sites out there, such as X-Tube / Red Tube / Porno Tube (I’m guessing at the last one, but it wouldn’t surprise me) The idea behind these is that you as a user can upload content in the form of vid caps to their site for everyone to use. I’ve not checked the Ts & Cs on that one, but I wonder if they are similar to Facebook and a company somewhere is making a mint off the back of these videos?

How many 5 minute amateur clips does it take to fill a DVD?

Creative Commons

If you are interested, some of my photos are at
http://www.trekearth.com/members/kraftymiles/

The Bank used this one.
http://www.trekearth.com/viewphotos.php?l=5&p=161085

The diving club used this one
http://www.trekearth.com/gallery/photo134902.htm

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3 Responses to “Some Rights Reserved”

  1. […] http://realvisionhomes.com/multilistingsservice wrote an interesting post today onHere’s a quick excerptSome Rights Reserved Posted on March 5, 2008 by kraftymiles So, this entry is born of a couple of things. I like to take photos, far too many for my own good, and some of them are pretty nice to look at. When on a big round the world trip I started getting interested in landscapes and took many, many photos and posted them up on the internet. Chase Manhattan contacted me asking if they could use one of the photos for some promotional material. We agreed on a licence for them to do that and t […]

  2. Shereen said

    Have you just got your first spam blog reply?

  3. kraftymiles said

    I’ve had a couple, but tbh, don’t care. That one and another on here somewhere are content farms that just link out to dozens of other blogs.

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