Tag Archive for 'Flickr'

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Model Release

kids delightNever heard of that term before. Apparently it’s the agreement between photographer (or publisher) and human subject about picture rights and further picture use [Wikipedia explains it better].

How come?

I was reading a post about the issue were Virgin Mobile took a photo from Flickr and used it in an ad campaign. The photo was licensed under Creative Commons (CC). As you can see on the picture of the ad, Virgin Mobile fulfilled the attribution condition by properly indicating the author. What happened was that the girl showing up on the picture felt insulted (and well, her family smelt the money I suppose) and filed a lawsuit against Virgin Mobile and others.

As far as I understood, and I’m no lawyer, the one violating the girl’s rights was the Flickr user and not Virgin Mobile. It was the Flickr user who published the taken picture online under a CC license without holding the model release in his hands. Virgin Mobile made use of the picture by respecting the underlying license. But that’s just my theory.

The outcome of this lawsuit will be interesting though. Especially the piont what’s a Creative Commons license worth in a court. Supposedly the same as any other license agreement, but you never can tell.

I have a Flickr account too, meaning I publish pictures online. All of my photos are licensed under Creative Commons BY-NC-SA and on some of them you can identify random persons, and I do not own a single model release.

Should I be concerned?

I’m not quite sure. According to the rather simple CC license text, anybody who wants to use my pictures commercially must ask for my permission first. So Virgin Mobile couldn’t just use my picture in a campaign without letting me know. On the other hand my license does allow non-commercial sharing, under certain conditions, but basically it gives me no control where my photos are going to show up.

Copy&Paste Google Maps

Google now makes it very easy to embed customized Google Maps on any website you want, without signing up for a Google Maps API key: just copy&paste the provided HTML-code, provided under the “Link to this page”-link on the Google Maps interface.

On the map below you can see our yesterday’s late afternoon Flickr photo tour through Stuwerviertel here in Vienna:

One little problem:

The Google Maps iframe somehow doesn’t play very nice with WordPress’ Rich Text Editor. I wasn’t able to re-open that post because the Rich Text Editor was enabled by default. Once I had it disabled, everything worked fine again.

Update
Since most of the pictures taken at the Flickr meet-up are now online I added the Flickr-KML-link as network link to the my KML-file shown in the map above. In order to view only the pictures taken at the meet-up I had to manually limit the date to the day (add &min_taken_date=2007-08-21&max_taken_date=2007-08-22 to the KML-link).

Flickr meet-up Vienna

A couple of local Viennese Flickr users are meeting up – right, only meeting up, even if it seems very trendy nowadays to call 2+ people walking around with cameras “photowalk” – however, there’s a meeting planned for next Saturday 11th August 4pm at Karlsplatz, subway exit Secession, and then later starting around 8pm at Rupps, Arbeitergasse 46.

Everyone enjoying photography and not scared by a bunch of photo-Flickr-addicts is very welcome to drop by!

Some more information has been posted at the forum threads:

The most exciting thing about those meet-ups is, it’s not about Web 2.0 evangelism. It’s about real people, users in flesh and blood meeting face to face. It’s about people who share a passion and socialized by the help of a Web 2.0 platform. Most of them don’t even know what Web 2.0 is, frankly, why should they, it’s only a marketing term. For me those meet-ups demonstrate what Web 2.0 really is about: the people who make the fancy buzzword successful.

Flickr censorship background

Actually the discussion about Flickr’s filtering system brought up some interesting details about user generated content and website owners in Germany.

No doubt that recent German court decisions regarding content of internet forums are going to turn out as a major problem especially for sites based on any kind of user generated content. Flickr is facing that issue right now.

This post in the Flickr forum elaborates the issue very well:

Without going into too much detail, despite having a sort of a right to free speech guaranteed in the Basic Law [note: Germany has no constitution, but instead this "Basic Law" official translation here.], this freedom of speech has some important limitations in practice.

Article 5 simultaneously grants this right:
(1) Every person shall have the right freely to express and disseminate his opinions in speech, writing, and pictures and to inform himself without hindrance from generally accessible sources. Freedom of the press and freedom of reporting by means of broadcasts and films shall be guaranteed. There shall be no censorship.

And allows for it to be limited in common law:
(2) These rights shall find their limits in the provisions of general laws, in provisions for the protection of young persons, and in the right to personal
honor.

So, one common practice is: insulting someone is potentially grounds for prosecution. If the person you insult is an official of any kind, you are definitely in trouble here – flipping the bird at a speed radar camera will get you a big “finger fine” on top of your speeding fine because your intention is to insult the poor schmuck in the traffic department who has to verify the license numbers in the photos. This kind of speech (as well as denying the Holocaust, glorifying the Nazi regime and some other kinds) are criminal acts. Fineable insults can include such seemingly harmless words as calling the wrong person a “stupid cow.” Watch your mouth!

Given that certain kinds of speech are not actually allowed a series of recent court decisions determined that people who run internet forums are legally liable for all entries in their pages. They are obliged to remove illegal speech (in the common law interpretations thereof) in every case whether the “troll” who placed the speech in the forum was anonymous or not. The common forum administration practice has been, until recently, to remove anonymous posts of an illegal nature but to pass on the legal responsibility (via disclaimers, end user agreements and the like) to non-anonymous posters.

One of the cases: Someone participating in a heated forum discussion last year (about child pornography, but this is irrelevant to this discussion) felt insulted by the non-anonymous posting of another user and demanded that it be removed. The administrator, sighting that the poster’s identity was known to all, declined to remove the speech, saying that it wasn’t their responsibility and that the non-anonymity of the poster allowed for sufficient recourse on the part of the insulted party. Well … in the end the person who felt insulted sued and won.

There have been a couple of similar instances and one made it all the way to the German Constitutional Court (the equivalent of the US Supreme Court here).

BGH zur Haftung für rechtswidrige Inhalte das Ende von kleinen Foren
Forenbetreiber bleibt mitverantwortlich
Domaininhaber/ Webhoster verantwortlich für Foreninhalte?
Abwesenheit schützt vor Haftung nicht!
Wann haften Forenbetreiber für Gast-Einträge?
Supernature-Forum geht beim LG Hamburg baden

Despite the fact that this kind of decision makes it dangerous for anyone to run any website of any size in Germany with any kind of Web 2.0 features at all (comments, community, photo galleries, etc.), this is the current state of play.

Of course all this could have been communicated to users *before* the filtering system was turned on and Flickr wouldn’t have become almost a synonym for censorship…

Censorship troubles

For some reasons I get the feeling that Flickr is currently more run by Yahoo!’s legal department than by Flickr’s original staff…

A response from Stewart Butterfield (Flickr founder) to all that censorship troubles in Germany:

Unfortunately I can’t give a more detailed update yet or any concrete good news, but please don’t take our silence to mean that nothing is happening. We are doing our best to make the situation better as quickly as possible. I’m sure it doesn’t make a lot of sense from the outside, and we would prefer to be able to share all the context — believe me, this is extremely uncomfortable and we’d *strongly* prefer not to be in this position — but we don’t have a choice at this time.

Again, we will post more as soon as we can — in the meantime, all we can do is apologize.

I hope they find a solution soon, Flickr + censorship is only half of the fun!

Sit back and watch

Yahoo! is giving a lesson on how to piss of users and bring down a formerly entertaining and successful service.
censr
I wonder how long it’ll take until the first Flickr-migration tools show up…

May Day Flickr meet up

1. Mai

Next Tuesday, 1st May, a few local Flickr users will meet up at the May Day happening in Vienna.

Meeting point: 1st May, 9.30am, at Burgtheater (right next to the Tramway station)

The plan:

  • walking around at Rathausplatz and May Day demonstrations (Austofred is supposed to lead the 16th district Musikarbeiterkapelle!)
  • meeting again, have a short break, snack or drink at Mercato Rosso
  • continue to Nordbahnhof, formerly an industrial zone, now an urban development area and overall a great scenery
  • and finally we’ll head over to the Prater-Opening, either watching Schlager-Karaoke, Austrian cowboys and many more rather strange events or just relaxing on a lawn and enjoying some concerts.

View the route on a map

Everyone interested in photography and curious about odd places like abandoned industrial zones is of course very welcome to join the group.

I’ve set up a Twitter feed where I’ll post our locations during the day, for people who want to drop by at some time or place.

User commerce

Read/WriteWeb offers an interesting review – as most of their articles – about Yahoo! Travel, referring to the Web 3.0 framework.

What I’m missing in that framework is the user’s share in the big C standing for the commerce.

Let’s take Yahoo! Travel and Flickr as example:

Most Flickr users pay Yahoo! for a Flickr pro account ($25/year), get a great platform in return and have fun participating and sharing photos. In the meantime, as result of millions excited users, Flickr has grown to one of the largest and best documented photo databases ever. Of course Yahoo! seeks for ways to leverage that database in other parts of its business. Like Yahoo! Travel for instance, where Flickr user photos can be viewed to illustrate travel destinations.

Now the problem I see is that especially pro users wont be happy about the fact that their pictures show up on Yahoo! Travel right next to tourism ads and the entire revenue goes exclusively to Yahoo!. Even if Yahoo! has, according to Flickr user agreements, the right to do so and doesn’t care if a “© All rights reserved” stands next to the user photo. It’s just bad karma.

I think in the long term a solution about that issue – commercializing user generated content – must be found. Otherwise why should a paying Flickr pro user provide Yahoo! with free photos for other Yahoo! divisions than Flickr?

Anyone remember the discussions about user content when YouTube was acquired by Google? Some users got slightly upset seeing Google paying billions of dollars for basically user content…

Clever photo hosting

photobucketDue to Flickr’s terms of services it’s not allowed to embed pictures hosted on Flickr on other websites without linking back to the corresponding Flickr photo page. People who are trying to keep traffic low on their own servers usually outsource images to services like photobucket. Unlike Flickr, photobucket basically allows embedding pictures on third party sites without immediately creating a backlink, but limits photo hosting up to a certain amount of storage and bandwith usage. Once users exceed their bandwith limit, a nice little photobucket message shows up instead of the original picture.

Well, that strategy doesn’t seem so bad at all. That way photobucket sneaks free ads into other popular portals like MySpace, Facebook, Blogs, etc. and even into some user profile pages of their main competitor Flickr.

Flickr meet up

A small Flickr user meet up is announced for tomorrow afternoon. Everybody who wants to join is of course very welcome! Here is the full thread about the “organization”.

When: Sat 24th Feb, 2.30pm
Where: Südbahnhof, Markus-Löwe (in the hall)