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01-20-2012, 03:45 PM   #1
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Should I get compensated if magazine used image - even if cc?

Recently a magazine printed an image from the Occupy Toronto protests. I have the image on Flickr under Creative Commons Attribution-NonCommercial-NoDerivs 2.0 Generic. I place copyright info on each photo I upload, while they did credit me below the photo, they did cut out the copyright info on the bottom of my image.

Does that mean they can print it off without asking or compensating, or should I still contact them about this?

Last edited by pete_pf; 01-20-2012 at 04:07 PM.
01-20-2012, 05:12 PM   #2
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Take a look at this link ...You are free:

to Share — to copy, distribute and transmit the work

Under the following conditions:
  • Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). They did attribute - however you did specify the type of attribution by watermarking the image, which they removed - thus they did not fully comply.
  • Noncommercial — You may not use this work for commercial purposes. They appear to be commercial.
  • No Derivative Works — You may not alter, transform, or build upon this work. They did alter.

I would call and direct them to the license that they appear to have violated the license in 3 different ways. I have read a couple places that fees for this type of use is 3x normal.

You can also register the work with the USCopyright Office for $35 per submission - a submission could be 1 image or 1000 images on a DVD.

No - I am not an attorney - I am an engineer.... You are also in Canada, and the magazine is in the US or Canada or ????

02-22-2012, 03:57 PM   #3
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They did wrong, but in the real world this is rarely resolved. Try being courteous and ask them if they did not know it was copyrighted and that you would like to get credited. Once they credit you, you can either ask for monetary compensation or ask if they want to buy photos from you in the future. But I know cases of well-known pro photographers having their images misused like that and nothing ever happened about it. Didn't even get an apology.
02-22-2012, 04:42 PM   #4
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Contact might be a nice platform for your work, it's maybe a longshot but worth it...
They did credit you, that's a great thing considering it's forgoten too many times...just consider that it's very unlikely they will compensate you...they were not using it in a commercial fashion, i assume it was an article..
So you just gotta ask yourself if triying to get them to correct or compensate for the minor violations of the CC license is worth the hassle.
You are now a published fotographer keep up the good work (nice photos by the way..the Hdr was neat, it really matched the scene).


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