No, this isn’t a blog about a frivolous lawsuit being filed against a small nonprofit group (us). There was no lawsuit and based on what we know about this situation (that would be a lot) there never would be - but there was certainly a threat.
This is a blog about a news organization - Reuters - that seemed to license one of their photos to a large and wealthy foundation – the World Economic Forum - which represented on its Wiki Commons page that they obtained access to this photo with Creative Common rights so others could use it in their little blogs. (See excerpt from this page).
Licensing photos with Creative Common (CC) rights is something WEC seems to take pride in doing and something that we would otherwise appreciate. Did they fail to do it here despite what they represented? I guess we will never know.
Because when told Reuters came after us for using one such photo, WEC failed to help (or even respond) and allowed a company working for Reuters to demand that we not only take it down, but also pay an exorbitant fee for “past use,” threatening to refer the case to a law firm and “wait until you see the fees they’ll charge you!” (Although it could have been worse. In the tradition of the finest used car salesman, the company placed a sticker on the payment website offering an enticing 40 percent discount if we pay now.)
We were given 10 days to pay or else. It did not matter that the Reuter’s rep failed to even try to find out if WEC obtained access to this photo on the condition that they obtained CC rights, as they represented. Of course Reuters would also have this information. On this point, both organizations blew us off.
It did not matter that the Reuter’s rep refused several requests from us for proof of the photo’s copyright registration, an expensive and often not-taken step which is a pre-requisite to suing as explained in this recent LA Times piece about celebrity photos (we hear you Lisa Rinna).
Nor did it matter that the law considers it to be copyright abuse to not first consider our “fair use” claim before sending a “take-down” demand.
So what is Reuters doing here? And for that matter, what is the World Economic Forum doing?
My advice for anyone interested in engaging in the marketplace of ideas: stay clear of (and shame on) both.
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