MicrostockGroup

story over on erikso.com

Too bad they didn't have the $$ to bring this case to it's just ending.  Not that they needed to be greedy, but i think it was very poor of the company to not say where they had used the image!!

on a side note, while i was reading the article it mentions a guy called Jon Bing.  That name sounded familiar and yup, it was a regular at the espresso bar i used to work at before going full time with photography

I don't know how it is in other countries, but here in the U.S., educational institutions aren't exempt from stealing people's images.  They can use any image under an "editorial" license (no model release required) but they cannot blatantly steal an image from a photographer and use it however or whenever they want.  This is one of the main reasons I refuse to sell editorial images under a RF license - I have plenty being offered at various RM agencies available under an RM license.

Oh boy, here we go again 

rather than providing snippets just for the point of rocking the boat why don't you educate everyone with the four factor test, etc., etc.

Then, let's apply it to real life. 

A textbook manufacturer (of say a history book) cannot profit from the pirating of images for use in their textbooks that are sold to schools (they can use the images under an "editorial license"), however a teacher can make copies of an article to distribute to the class to discuss an issue. 

There is also a distinction with relation to the first factor which specifically states "nonprofit educational purposes" in other words, if Notre Dame University charges their students $10 so they can sit in a common area and watch an NFL football game, it does not necessarily constitute "fair use" since it is for entertainment - not necessarily educational purposes.  If their football coach replayed scenes from the game to teach his "students" how to better play the game, then it very well may fall under fair use laws.

To blatantly say "we can do anything we want"  or "educational institutions are exempt and can, and do, use anything" is like writing a blank check - it isn't true. 

There is a difference and no, they can't do anything they want.

This is pathetic. Imagine the grief you would get if you stole some of their story and reprinted it without their permission.

But this has been my experience with the media. I have had major newspapers steal my story ideas even to the point of repeating quotes I made in the submission as content.