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Author Topic: Found my pictures on flickr. Infringement?  (Read 3184 times)

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« on: January 11, 2013, 10:41 »
0
Someone  posted some of my pictures on flickr. Suppose he bought them (which I think he did), may he publish them on flickr? I looked in the Flickr TAC but couldn't find anything about posting pictures from others. Off course if you buy pictures you can put them on your website, but what about putting them on flickr?


lisafx

« Reply #1 on: January 11, 2013, 10:43 »
+1
I've found some of mine on Flikr too.  No, they aren't supposed to do that.  I sent a DMCA notice to yahoo for each one and they took them down. 

« Reply #2 on: January 11, 2013, 11:17 »
+2
I haven't checked Flickr in a while but found one of mine. I just sent a DMCA notice to Yahoo - in the past they've been very prompt in removing infringing images.

None of the stock agency licenses (barring that wretched Getty deal with Google Drive) permit redistribution, which is what they're doing when they allow a download from their flickr account. In addition, my infringer was claiming copyright of the image!!

Another infringement you sometimes see is they post at a huge size unmodified - the licenses permit use on web sites up to a certain size (used to be 800 pixels on the long edge but I think most agencies it's now about 1200 pixels) unless the image has been modified - such as text superimposed on the image.

If you send in the takedown notice - there's a link on the bottom of each image page for Copyright/IP Policy - be sure to follow the language exactly in your e-mail. The first time I said I knew that the use violated xxxx and the instructions say to indicate that you have a good faith belief that xxxxx. Yahoo sent me back e-mail asking me to state that I had a good faith belief :)

« Reply #3 on: January 11, 2013, 12:12 »
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Thanks jsnover/lisafx. I've send a DMCA notice to Yahoo because the guy doesn't respond to my request.

« Reply #4 on: January 11, 2013, 12:16 »
+2
I don't deal with the uploader with Flickr violations. If it's just one image and it's an oversight or they didn't understand the rules, they won't lose their account or suffer in any way and the fastest route to removing the image is sending the DMCA takedown notice to Yahoo.

If it's someone who has uploaded a ton of stuff (in the past I found my images among a large group of iStock images in someone's photostream) they deserve to be handled severely so they don't repeat the offense. In that case I contacted iStock's compliance enforcement (although now, I'm not sure it would do any good as I think lots of things have changed in the interim; I hear lots of reports that nothing gets done - including the istockreseller site still being there months after they got the information on it)

« Reply #5 on: January 11, 2013, 12:54 »
0
The Flickr community guidelines https://www.flickr.com/help/guidelines/ state:

"Do upload content that you've created."

It goes on to say:

"If you see photos or videos that youve created in another members photostream, don't panic. This is probably just a misunderstanding and not malicious. A good first step is to contact them via FlickrMail and politely ask them to remove it. If that doesn't work, please file a Notice of Infringement with the Yahoo! Copyright Team who will take it from there."

ShadySue

  • There is a crack in everything
« Reply #6 on: January 11, 2013, 12:58 »
+1
Yup, I've got Flickr to take images down. They 'suspend' the image almost immediately and remove it quickly.

(Veering OT) Pinterest now has a thing whereby if you file a take-down you can also ask for a strike to be recorded against a pinner. So many strikes and they're out, allegedly.

« Reply #7 on: January 11, 2013, 14:50 »
0
"If you see photos or videos that youve created in another members photostream, don't panic. This is probably just a misunderstanding and not malicious. A good first step is to contact them via FlickrMail and politely ask them to remove it. If that doesn't work, please file a Notice of Infringement with the Yahoo! Copyright Team who will take it from there."

I think this would apply to non-commercial images that were on flickr that someone else lifted and in that case I would just contact the person. When you pay for access to an image, there's no "misunderstanding" involved from my point of view, and no reason to wait while the person takes whatever time they take to respond. The seller of licenses is harmed for as long as the image is available for free download, so inadvertent or not, I want it down as soon as I find out about it

« Reply #8 on: January 11, 2013, 16:16 »
0
Being in the computer business I have run into many people who have the impression that once they buy a piece of software they can share it with their friends and family. Nit too many people seem to able to read the terms of use and or do not care if they are pirating. The worst infractions in my opinion are people or businesses who feel this way

« Reply #9 on: January 11, 2013, 22:47 »
+1
Yahoo/Flickr removed the pictures and replaced them with a copyright/IP infringement message . Kudos for them acting this quick.

RacePhoto

« Reply #10 on: January 15, 2013, 15:24 »
0
I don't deal with the uploader with Flickr violations. If it's just one image and it's an oversight or they didn't understand the rules, they won't lose their account or suffer in any way and the fastest route to removing the image is sending the DMCA takedown notice to Yahoo.

If it's someone who has uploaded a ton of stuff (in the past I found my images among a large group of iStock images in someone's photostream) they deserve to be handled severely so they don't repeat the offense. In that case I contacted iStock's compliance enforcement (although now, I'm not sure it would do any good as I think lots of things have changed in the interim; I hear lots of reports that nothing gets done - including the istockreseller site still being there months after they got the information on it)

++++++++++


 

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