2009APR292047
update Offending image removed. No response, no apology.
Remember folks crime does not pay!
TO: An Australian Company
RE: Piracy is theft, Creative Commons license breach
DATE: 2009APR281711
IMAGE LICENSE BREACH:
www.weekendnotes.com/rose-st-artists-market/
www.weekendnotes.com/images/rosestartistsmarket2.jpg
NAME: Peter Renshaw
URL: flickr.com/photos/bootload
CONTACT: goonmail@netspace.net.au
Hi,
my name is Peter and I'm the author of "2009APR111636". [1] I notice you are storing my image, 2009APR111636 on your website. [2] You are in breach of the license I have chosen for this image. [3] It is legally enforceable in Australia under the Creative Commons Attribution-Noncommercial-No Derivative Works 2.0 Generic license. All of my images located at flickr have clearly visible license conditions at the bottom of the page.
I go to some lengths to create these images for myself so I have royalty free source of images. I provide them for others to use as a service only. As long as people abide by the licensing they don't even have to ask. If you use my images without permission or negotiation I will not hesitate to enforce my rights under the terms of the license. I allow non commercial use so people can use and share these images as long as they stick to the licenese conditions I provide. It is not all right to use them without abiding by the licence I have provided. You, "Australian Company" [5] have not abided by the terms of Creative Commons (Attribution-Noncommercial-No Derivative Works 2.0 Generic) [6] for my image "2009APR111636", by:
a) using the image for commercial purposes (being a commercial company with an Australian tax file number)
b) not providing Attribution (my name and a link back to the source image)
Commercial organisations cannot use my images without first negotiating with me. In this case negotiation will involve a fee. This is fair. If you are using my work to make money I'm going to get a cut. Here's the deal. My asking price for the whole set located at this url [7] at original resolution is AUD$200. This entitles you to worldwide, "royalty free" usage of the images. If you don't want to do this, thats fine but I request you remove the offending image, 2009APR111636 [8] and (any other images of mine) from the following Weekendnotes url specifically. [9]
"... 'Australian company' promotes an environment that respect individual privacy rights and personal information. 'Australian company' is committed to care in handling personal information ..." [10]
I will give a reasonable amount of time to do this. But please do not dither. The image may be a small one but you are in breach of several license conditions that could warrant further action. I note you appear to care about individual rights and legal matters. It's now time to demonstrate this.
Yours Peter Renshaw
Reference
[0] WeekendNotes, "Privacy Policy"
[Accessed Tuesday 28th, April, 2009]
[1] Bootload, Peter Renshaw, "A flickr image taken by Peter with the title: 2009APR111636 of Rose St Artist Market in
Melbourne taken on April 11, 2009."
[Accessed Tuesday 28th, April, 2009]
www.flickr.com/photos/bootload/3431342658
[2] The offending image is located at www.weekendnotes.com/rose-st-artists-market/ and specifically at
www.weekendnotes.com/images/rosestartistsmarket2.jpg
[3] flickr, "2009APR111636", Ibid [1].
[4] Creative Commons license, "Creative Commons (Attribution-Noncommercial-No Derivative Works 2.0 Generic)" You can read the
license at creativecommons.org/licenses/by-nc-nd/2.0/deed.en A more legalistic version can be found here
creativecommons.org/licenses/by-nc-nd/2.0/legalcode
[5] Company details
[6] Creative Commons license, "Creative Commons (Attribution-Noncommercial-No Derivative Works 2.0 Generic)" Ibid [4].
[7] "Rose St. Artist Market", "60 rose st. Fitzroy Melbourne, taken April 11, 2009 by Peter Renshaw"
[Accessed Tuesday 28th, April, 2009]
www.flickr.com/photos/bootload/sets/72157616522677597/
[8] "rosestartistsmarket2.jpg" located at www.weekendnotes.com/images/rosestartistsmarket2.jpg Ibid [2].
[9] www.weekendnotes.com/rose-st-artists-market/ Ibid 5.
[10] www.weekendnotes.com/privacy/
Well that was quick. No response or apology. Maybe it was the request for $200? The end result is the same. If you want to use images that do not belong to you, ask permission and abide by the licenses.
Or else....
next >>>
2009APR292047
update Offending image removed. No response, no apology.
Remember folks crime does not pay!
TO: An Australian Company
RE: Piracy is theft, Creative Commons license breach
DATE: 2009APR281711
IMAGE LICENSE BREACH:
www.weekendnotes.com/rose-st-artists-market/
www.weekendnotes.com/images/rosestartistsmarket2.jpg
NAME: Peter Renshaw
URL: flickr.com/photos/bootload
CONTACT: goonmail@netspace.net.au
Hi,
my name is Peter and I'm the author of "2009APR111636". [1] I notice you are storing my image, 2009APR111636 on your website. [2] You are in breach of the license I have chosen for this image. [3] It is legally enforceable in Australia under the Creative Commons Attribution-Noncommercial-No Derivative Works 2.0 Generic license. All of my images located at flickr have clearly visible license conditions at the bottom of the page.
I go to some lengths to create these images for myself so I have royalty free source of images. I provide them for others to use as a service only. As long as people abide by the licensing they don't even have to ask. If you use my images without permission or negotiation I will not hesitate to enforce my rights under the terms of the license. I allow non commercial use so people can use and share these images as long as they stick to the licenese conditions I provide. It is not all right to use them without abiding by the licence I have provided. You, "Australian Company" [5] have not abided by the terms of Creative Commons (Attribution-Noncommercial-No Derivative Works 2.0 Generic) [6] for my image "2009APR111636", by:
a) using the image for commercial purposes (being a commercial company with an Australian tax file number)
b) not providing Attribution (my name and a link back to the source image)
Commercial organisations cannot use my images without first negotiating with me. In this case negotiation will involve a fee. This is fair. If you are using my work to make money I'm going to get a cut. Here's the deal. My asking price for the whole set located at this url [7] at original resolution is AUD$200. This entitles you to worldwide, "royalty free" usage of the images. If you don't want to do this, thats fine but I request you remove the offending image, 2009APR111636 [8] and (any other images of mine) from the following Weekendnotes url specifically. [9]
"... 'Australian company' promotes an environment that respect individual privacy rights and personal information. 'Australian company' is committed to care in handling personal information ..." [10]
I will give a reasonable amount of time to do this. But please do not dither. The image may be a small one but you are in breach of several license conditions that could warrant further action. I note you appear to care about individual rights and legal matters. It's now time to demonstrate this.
Yours Peter Renshaw
Reference
[0] WeekendNotes, "Privacy Policy"
[Accessed Tuesday 28th, April, 2009]
[1] Bootload, Peter Renshaw, "A flickr image taken by Peter with the title: 2009APR111636 of Rose St Artist Market in
Melbourne taken on April 11, 2009."
[Accessed Tuesday 28th, April, 2009]
www.flickr.com/photos/bootload/3431342658
[2] The offending image is located at www.weekendnotes.com/rose-st-artists-market/ and specifically at
www.weekendnotes.com/images/rosestartistsmarket2.jpg
[3] flickr, "2009APR111636", Ibid [1].
[4] Creative Commons license, "Creative Commons (Attribution-Noncommercial-No Derivative Works 2.0 Generic)" You can read the
license at creativecommons.org/licenses/by-nc-nd/2.0/deed.en A more legalistic version can be found here
creativecommons.org/licenses/by-nc-nd/2.0/legalcode
[5] Company details
[6] Creative Commons license, "Creative Commons (Attribution-Noncommercial-No Derivative Works 2.0 Generic)" Ibid [4].
[7] "Rose St. Artist Market", "60 rose st. Fitzroy Melbourne, taken April 11, 2009 by Peter Renshaw"
[Accessed Tuesday 28th, April, 2009]
www.flickr.com/photos/bootload/sets/72157616522677597/
[8] "rosestartistsmarket2.jpg" located at www.weekendnotes.com/images/rosestartistsmarket2.jpg Ibid [2].
[9] www.weekendnotes.com/rose-st-artists-market/ Ibid 5.
[10] www.weekendnotes.com/privacy/
Well that was quick. No response or apology. Maybe it was the request for $200? The end result is the same. If you want to use images that do not belong to you, ask permission and abide by the licenses.
Or else....
next >>>