So there’s this little news item floating around down under. An ad agency for Virgin Mobile in Australia used a bunch of photos from flickr in a current promotional campaign. The images were made available by the photographer(s) using the Creative Commons License (CC, CCL). These licenses are often used by photographers who aren’t really in the business, nor are they usually aware of many legal issues surrounding the commercial use of photos. Many may not even be clear on what rights they are giving away when using this license model, since there are a number of variations available. So is it then a surprise that someone is now upset because their likeness (a minor, even) was used without a model release?
Read both sides of the see-saw:
But the real funny part is that one of the photographers is delighted his photo was used. In a comment he mocks to the effect of getting a few free beers out of Virgin. Then he quotes, “I’m in awe of the Creative Commons licence, and while I don’t want any cash… you know, a small token would be nice. An iPhone wouldn’t go amiss…”
Dude, your talking about not wanting cash, but beer and an iphone would be nice. Both of those are worth cash. Had these image been sold as Rights Managed (RM) images, or even under a new PLUSpak License, you could have sold those rights for a couple thousand dollars. That’s like winning $2,000.00 in a game show, then flunking out for zero on the last question. Next time you lose a few thousand dollars, remind yourself that you don’t care about the cash. Then you’ll have a legitimate reason to drown your sorrows in those few free (or borrowed) beers. (File this one under “Unbelievable!”)
PS: The guy that dreamed up this ad campaign was probably making six-figures annually at his ad agency, and taking advantage of every photographer he could along the way. Any bets on whether he still has his job in six months?
lol Gary, the ad agency executives make 6 or 7 figures and perhaps the Creative Director. Most anybody else in the agency does’nt make much more than a clerical worker even in SF. It’s a two-way scam.