Upload & Sell: On
| Photo Use Infringment ... ?? copywrite copyright |
Response from an attorney ...
"The rules about whether you are entitled to statutory damages are complicated. Since your photo was infringed prior to registering it and you posted it on Flicker in 2008, it appears that you would not be eligible for statutory damages for this infringement. Therefore, I cannot take your case on a contingency."
... despite all the cheerleading.
Flickr constitutes 'publication' ?? ... no wonder Getty was interested in it. Talk about a license to steal and an erosion to the marketplace.
So are well all self-inflicting stabs to our own hearts when we post anything on the web, unless we register everything??
I would have thought that since I pay for Flickr as "MY ACCOUNT" and have it marked as "All Rights Reserved" that wouldn't be considered publicly available just for the taking.
That's no different than putting my money in "MY ACCOUNT" at the bank and saying that it's fair game because the bank is open to the public and I didn't register the serial numbers on the dollar bills with the Federal Reserve. Then again, maybe it is ... sounds a bit like the 'run on the banks' back in the Depression, where they gave away people's money to whoever demanded it first, until it ran out ... sucked to be last.