So the other day I got the following e-mail:
Hi Vidiot,
I am writing to let you know that six of your photos with a
creative commons license have been short-listed for
inclusion in our Schmap New York Guide, to be published
late March 2006.Clicking this link (redacted -- Ed.) will take you to a page where you can:
i) See which of your photos have been short-listed
ii) Submit or withdraw your photos from our final selection
phase
iii) Learn how we credit photos in our Schmap Guides
iv) Download and preview a sample Schmap Guide.
This is flattering -- it's always exciting when someone notices something you've created, and wants to use it. But looking at their terms of service and learning more about the site made my antennae go up. Schmap is not proposing, as best as I can tell, to use my photos under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike license (under which terms I've made all my photos available to the public.) And, if they were using that CC license, they actually wouldn't need to contact me at all; I've already given blanket permission for noncommercial use, providing that they attribute the source of my images and that derivative works made from my images be distributed under the same CC license.
Rather, Schmap is proposing to use my photos in a commercial context: the city guides that they're distributing are free, but will be ad-supported. And Schmap is presumably a for-profit company. They indicate that, should I give them permission to use the photos the way they want to, that they'll credit the photos, link back to their original pages on Flickr, and link to the CC license page that I've put on these photos as well. As attribution goes, this is fine.
So what does the Creative Commons license have to do with Schmap's proposed use? None, that I can see -- unless they're looking for photographers on Flickr who are amenable to unconventional licensing, or who haven't thought that clearly about their rights. Because, as Joe Gratz points out, they're basically looking for a pool of free images that they can then repurpose and make money from:
This strikes me as an exceedingly smart way to develop a pool of free urban photography. Rather than plunging forward and planning to brush off infringement claims from small-time Creative Commons licensors, they decided to ask permission, trusting that photographers’ egos will lead them to grant it.
They're using Creative Commons licenses as a search tool, not as licenses to use copyrighted content.
(Incidentally, if you follow that link above, Gratz has copied the "Terms of Submission" that Schmap asks you to agree to before they use your images.) A commenter on that post, Adam Fields, charges that Schmap is "taking advantage of the commons", and a pretty good discussion has ensued there. (It's also being discussed at FlickrCentral.)
Schmap realizes that this is not a proposed use of my photos that falls under the Creative Commons license, which is why they're asking my permission. (And, I'm glad that they are. It's really no fun to have to chase down people who aren't willing to abide by licenses or who are infringing my rights.) But they've also gotta realize that for some photographers, asking to use their photos outside the terms of their Creative Commons licenses, for no consideration, is going to be a tough sell.
So, in that light, I've written back to the Managing Editor of Schmap's guides, letting them know that I'm not comfortable to let my copyrighted images be used in a commercial context for free, and asking what compensation they think is fair. I'm also asking them exactly what rights they'd be interested in licensing (non-exclusive/exclusive, worldwide/territorial, print/online, credit/attribution, et cetera.) Hopefully they'll get back to me soon.
ADDENDUM: I figured I might as well show you which images Schmap is proposing to use:
UPDATE: I heard back from Alexandra Moss, the Managing Editor of Schmap's guides. She writes:
The question of 'commercial' or 'non-commercial' seems to be not so well defined, which is why we have asked individual photographers to submit or withdraw their photos, based on an understanding of our usage.
Some consider usage to be primarily non-commercial if the resulting product/service is free to its end-users, while other short-listed photographers consider our usage 'commercial', but decide to submit their photos nevertheless.
A small number of short-listed photographers (around 5% to date) have decided to withdraw their photos, though not always because they consider our usage commercial (some, for instance, withdraw because they are not pleased themselves with the particular photos we have short-listed, or because our Schmap Player is not yet Mac compatible).
Your photos are great-- I'd love to use them, but I'm unfortunately unable to negotiate non-standard terms with specific short-listed photographers.
So there it ends; I wrote back and said that since Schmap isn't interested in licensing my photos (i.e., compensating me for their use of something that is of evident value to them), I'm withdrawing them from consideration of being included in their guides. I reminded Schmap that I reserve all rights to my photos, other than the rights specifically granted by the Creative Commons license, and that I consider Schmap's proposed use of the photos to be a commercial use...and thus outside the scope of the CC license.
I do want to say that this generally doesn't leave a bad taste in my mouth -- Ms. Moss was professional, cordial, and not defensive when I questioned their use of the photos. And kudos to her for engaging in the FlickrCentral thread discussing Schmap's efforts.
One observation, though: I think Schmap is being ever-so-slightly disingenuous in implying that the definition of "commercial" vs. "non-commercial" is up in the air. I would much rather that Schmap said up front, "we're a commercial enterprise, we're publishing these guides as a for-profit, money-making venture, and we request permission to use your copyrighted images." It seems to me that Schmap is trying to capitalize on confusion (or even create it) regarding the scope of Creative Commons licenses, and use that confusion to acquire content without having to pay for it.
As I noted above, Schmap's proposed use doesn't qualify as a legit use under the Creative Commons license I've chosen. Despite Schmap's saying that the question of commerciality is undefined, this strikes me as a wholly commercial use. And, Schmap is not going to distribute its guides under a Creative Commons license, thereby not following the terms of the ShareAlike license.
Very interesting. I'm using the same license on Flickr, and I always wonder about the potential for abuse. It's just too good a resource for people not to snatch the occasional picture & hope nobody notices. Now, why won't anybody ask *me* to Schmap my pictures...?
Posted by: muckster | March 03, 2006 at 10:13 AM
i wasn't asked for permission to use my photo. They just used it in the boston city guide and "informed" me. I wouldn't be so bent out of shape if it was a mundane shot. the one they chose to use was a picture of my engagement. Not something i want co-opted for commercial use. I've yet to hear back from them.
Posted by: thommy saraceno | May 11, 2006 at 08:51 AM
A nit-pick: you've licensed those photos under the 2.0 license, not 2.5. So you're linking to the wrong licenses.
Posted by: Kim Scarborough | September 20, 2006 at 02:16 PM
"They're using Creative Commons licenses as a search tool, not as licenses to use copyrighted content."
Yes.
The cheap rationale about "depends on the definition of commercial" is completely irritating. Schmap needs to get real - it is clearly trying to build a business here, and do it with free images.
Yes, they're perfect nice in their emails, but they are, as you say, disingenuous, and it definitely leaves a bad taste in my mouth.
Posted by: Caitlin Burke | September 20, 2006 at 03:37 PM
very interesting.
i'm adding in RSS Reader
Posted by: music | January 07, 2008 at 04:58 PM
Посредством поиск [url=http://ecsoclip.ru/ ]клипы скачать [/url]. С любой страницы Ecsoclip.ru дозволено перейти к любому клипу [url=http://ecsoclip.ru/tag/selena-gomez/ ]смахивать клипы селены [/url], размещенному чтобы сайте, одним единственным щелчком [url=http://ecsoclip.ru/tag/selena-gomez/ ]селена гомес клипы [/url]. Для этого довольно воспользоваться «живым» поиском, расположенным в правом верхнем углу. Наберите одно слово из названия песни, слово группы alias исполнителя, и вы увидите весть совпадений [url=http://ecsoclip.ru/tag/serebro/ ]клипы серебро онлайн [/url], [url=http://ecsoclip.ru/tag/nyusha/ ]клипы нюши [/url], [url=http://ecsoclip.ru/tag/potap/ ]потап клипы [/url], [url=http://ecsoclip.ru/tag/nastya-kamenskix/ ]клипы насти [/url]. Щелкните сообразно нужной строке – и вы ради странице клипа. Нажмите на знамя в середине – и вы получите роспись всех клипов этого исполнителя сиречь группы, которые в известный момент можно посмотреть и скачать чтобы сайте. Попробуйте! (Само собой, когда вы хотите посмотреть всетаки результаты, поиск также работает вследствие нажатие кнопки ввода)
Сообразно алфавиту. Простой щелкните применительно первой букве в названии группы либо исполнителя, которого вы ищете, и найдите его в списке.
Сообразно жанру. Вы можете пролистать клипы в интересующей вас категории, воспользовавшись список слева.
Posted by: SteahReisee | November 04, 2011 at 03:06 AM
had the opportunity to chat on the phone. As most reunions go, there were promises of getting together for a visit the next time he passed through Phoenix. I of course thought it was another of those well intentioned but never realized plans. Well, this man is full of surprises. About 4:00 olock on [url=http://www.coachbags-eshop.com]coach purses[/url] convenient for us do a journey and enjoy the colorful life. So, it is life that we want. Much more information about Coach is in our online store coach backpacks on sale, delicate and fashion series are there. Seo Coach - An Added Expense Or A Must Have For High Rank Traffic If you're on the side of
offers almost all the good Coach purses made by Coach. The request is just to surf a bit and here and there before choosing the perfect purse. More navigation that will help you find the best prices of the cheap Coach purses of your choice. Singing Coach Lani Starr Whether you are choosing a vocal [url=http://www.coachbags-eshop.com]coach bags[/url] Life Coach for those reasons contradict the very essence of what Life Coaching is all about. Some desire to be a Coach because they believe it is a way to earn a great income; and so it is. However, if your sole motive is to make money out of other people then that is a motive that will lead to
International Consulting. Simon Specialises in helping people with life & Business strategies by working with them to get great results in any area of life and or business. Simon is certified as a master practitioner NLP, Neuro Strategies Framework, Hypnotherapy & TimeLine Therapy and has extensive [url=http://www.coachbags-eshop.com]coach handbags[/url] of these vehicles are also very expensive. It requires a lot of expenditure to maintain the standard of the engine quality as well as the exquisite level of the interior decoration of these automobiles. It is a costly affair and, therefore, the charges of these luxury vehicles are bound to be beyond
Posted by: mlqsoehox | May 15, 2012 at 03:22 AM
subjects from how to select your accessories to the advanced techniques of playing. Online snooker tuition will teach you what kind of cue to select as it is the main accessory which you will have for a long time if you are planning to become a skilled snooker player. There are other details like [url=http://www.coachbags-eshop.com]coach purses[/url] can save you hundreds of hours of wasted time and help you achieving larger profits, growth and stability for your business. Visit here to know more on Small business coaching ideas.Choose The Right Coach To Help You Write, Sell & Market Your Book - 5 Easy Steps Want to write, sell or market your
to golf? A quick test. Take a look at some of the exercises. Are any of them on seated machines for instance? If they are...run! This is NOT a golf fitness coach and/or program. This is considered 'general fitness'. Now stretching. There are dozens of stretches for all people. But take a look at [url=http://www.coachbags-eshop.com]coach bags[/url] admits they didn't even discuss, is ridiculous," Steinberg said. "Because of his father, it's no secret that Tiger has always had high respect for the military, so for Haney to twist that admiration into something negative is disrespectful." Haney also mentions the time Woods spent four days of
implicite entre Jacques Chirac et Nicolas Sarkozy. Etaitce volontaire ?Ce parallle, c'tait une fa?on d'amorcer la pompe sur le film suivant... Le fils spirituel absolu de Chirac, c'est Nicolas Sarkozy. Sauf qu'il se rend compte qu'avec Chirac, ?a ne va pas marcher tout de suite et il est press. Donc [url=http://www.coachbags-eshop.com]coach handbags[/url] bill once a month. On projects, Il estimate a cost for the project and always try to come in under the estimate. I have clients that will fly in for the day and for that, my fees are a bit higher than on the phone. It a concentrated coaching session that can deal with family issues to creating a
Posted by: wxbjubtyuy | May 17, 2012 at 07:58 PM
http://board.iamlights.com/index.php?/user/12716-phdealer77 buy tramadol online compare prices tramadol online no prescription overnight tramadol 50 mg where to buy tramadol tramadol hcl tramadol online cod tramadol online visa tramadol online amex tramadol overnight
[url=]http://board.iamlights.com/index.php?/user/12716-phdealer77[/url] buy tramadol online compare prices tramadol online no prescription overnight tramadol 50 mg where to buy tramadol tramadol hcl tramadol online cod tramadol online visa tramadol online amex tramadol overnight
Posted by: fstestre | July 27, 2012 at 09:34 AM