HEADS UP - Leisure Pro illegally using copyrighted images

[JohnQPS122]

RJP, I'm not so sure all they did was link to the image on Flickr. There's a Flickr link under the photo, but if you right click the photo itself and chose properties, it appears that they have posted a copy of the photo on their server to display on their web site:

http://aquaviews.net/wp-content/uploads/2009/07/USS-Oriskany-Pensacola-

I could be wrong, but if I link to the photo here without actually putting it on scubaboard's server, the properties should show the image is still residing on flickr, not here:

But maybe "distribute" means Yahoo has the right to give it to other people for their use? I don't think it should, since that's basically what "ownership" or "copyright" means, and Yahoo claims they don't hold that.

 

[RJP]

I highly doubt this would hold up in court, the court's realize people don't read the fine print on all of these terms of use, and that professional's photos can't be stolen just because they are uploaded onto a photo sharing site.

You don't think Yahoo has a legal department that has a pretty good understanding of what will and won't hold up in court vis-a-vis intellectual property on the web?



PS - if you ever wanna get laughed out of court, just try the "everyone knows no-one reads the small print" defense! Lawyers would be out of business if that held up!

 

[aue-mike]

Uh oh...

Didn't realize that Mike posted the image on flckr.com, which is owned by Yahoo.

LeisurePro simply linked the image

Wonder if Mike ever read the terms of use for flickr?

Uh, yes.

I believe Matt (whose Flickr account the images were found) asked permission. While Flickr states the image is free to share and remix under Creative Commons with conditions (something I did not realize that was their policy, and will rectify that shortly), they do note:

Quote:
Will Creative Commons give me permission to use a work?

The permission isn’t ours to give.

And, it also states the Creative Commons path is for non-commercial use:

Quote:
NonCommercial. You let people copy, distribute, display, perform, and remix your work for non-commercial purposes only. If they want to use your work for commercial purposes, they must contact you for permission.

Leisure Pro is a commercial entity, and is using images for business purposes. And they used images they did not take (i.e., own) for their business purposes. That is, they are profiting off others' work without compensation.

So, Leisure Pro violated Flickr policy as well. They did not attribute the photo as requested (clearly labeled on Matt's Flickr page - Leisure Pro even spelled my name incorrectly) and they are using it for commercial purposes.

 

[scottfiji]

You don't think Yahoo has a legal department that has a pretty good understanding of what will and won't hold up in court vis-a-vis intellectual property on the web?



PS - if you ever wanna get laughed out of court, just try the "everyone knows no-one reads the small print" defense! Lawyers would be out of business if that held up!

Large companies with legal departments lose in court all the time.

Regarding "fine print", judges have ruled against fine print in consumer law many times, just look at Coneff versus AT&T or Tillman versus commercial credit for a couple quick examples.

 

[mike_s]

Mike, so.... two weeks later. what was Leisure Pro's "response" to this?


looks like they deleted the pic off their website. but did anything else happen?

 

[Oceanus]

I was just checking these folks out and figured I'd include a search here.

Mike, Sorry to learn about your troubles with Aquaviews (but not surprised).

As an Editor at Seaduction ® I do appreciate how difficult it is to find good photos, but we respect copywrights.

I recently found Aquaviews 2 main 'writers' on DiveBuddy (another LeisurePro site)

Aquaviews Neil Pune, Maharashtra, India, Neil from Pune Maharashtra | Scuba Diver | DiveBuddy.com
AquaNor Noreen Pune , India, Noreen from Pune | Scuba Diver | DiveBuddy.com​

30 & 27 dives under their belt and blogging like world travelers... what bu||sh:t

We may be able to help you get some satisfaction. Let's PM phone numbers!