One of my pictures on flickr was used by an extremist right wing party for political propaganda without my permission. Can I sue them?
2006-09-21 08:21:50 · 5 answers · asked by AGoodPerson 2 in Arts & Humanities ➔ Visual Arts ➔ Photography
Was the picture marked with one of the licenses? If you did, then you need to make sure that they are not using it under this license. For example, all my Flickr pictures are licensed under Creative Commons, which would in theory allow them to use my pictures as long as they:
1. Give me credit.
2. Don't try to make money off them.
3. Don't use them for derivative works. For example, they can't take a picture of a landmark and photoshop a protest on it to try to make their point, etc.
If they are using it outside whatever license you have for your picture, then you can sue them. Since it is a political party, I would sue them for $1, a public apology and my lawyer costs. This way they can't try to spin it around and accuse you of taking sides on their politics.
2006-09-21 14:41:50 · answer #1 · answered by veraperezp 4 · 0⤊ 0⤋
What I recall from my photography law and business practices class is that that US copyright law states that any image produced is automatically copyrighted to the originator regardless of the media format, photograph, song, book, negative etc... Therefore you may not copy a photograph without permission from the photographer.
The copyright owner has complete and total control as to what may be done with the image. Therefore, if you wish to sell ,or even give, a photo to someone, permission must be requested from the originator.
Unless you have signed an agreement with flickr relinquishing your rights as the owner of the photo/images you have every right to make a request to the organization to stop using your photo. I do believe the reason as to why the political organization felt as though they could utilize your image is because flicker distinguishes personal pages as private and public which might be mistaken as free to take.
Furthermore images do not need to be labeled with a C or copywrited in order for it have legal protection. Also I wouldnt sue unless the organization was using your image to make money, otherwise it would be pointless to pursue unless your dignity is worth fighting a long time in court
2006-09-21 16:15:30 · answer #2 · answered by wackywallwalker 5 · 0⤊ 0⤋
You can sue for copyright infringement. Get in touch with a lawyer.
2006-09-21 10:58:22 · answer #3 · answered by OMG, I ♥ PONIES!!1 7 · 0⤊ 0⤋
It is always best to copywrite your photos by pyting your name and c.on the photo,then you have a better chance to prove the photo is yours.Good luck.
2006-09-21 09:10:59 · answer #4 · answered by gjbfoto 2 · 0⤊ 0⤋
You sure can try. Talk to an attorney.
2006-09-21 08:29:55 · answer #5 · answered by bigbore454 3 · 0⤊ 0⤋