Saturday, May 28, 2016

Flicker Case Study


Case Study 1: Flicker Picture

The issue with this case is who does this photo belong to. If the family decided to post this picture on Flicker does that give another company the right to use it for advertising. The company did not ask anyone's permission to use the photo for advertising purposes. The advertising company could try to prove that they were using the image for a different purpose than the purpose of the original posting. They could say there was no copymark symbol on the photo itself, and they were protected under the Fair Use section in the Copyright Law. The problem with the company trying to use the fair use section of the copyright law is that it could be argued that the purpose of this reprinting was not used for any kind of new purpose. Also, it was used against the family’s knowledge, which affects their privacy. Plus, whoever took that picture still own the rights to the picture.



The pro for the company in this case is that the company did not know that they were taking a real photograph to use for their advertisement. The company believed that it was just a computer-generated image that was available to be used. My biggest question is how they got the image, if they believed it came from somewhere that was computer-generated. The cons are that this picture was taken and there was no credit given to the photographer and there was no permission from the family or photographer to use the image.



I think that in the business world this is a copyright issue. This company needed copyright permission in order to use someone’s photograph for their advertisement. Companies cannot use photographs without the photographers permission for advertising purposes. Many photographers want their pictures to be used and are willing to let companies use their photos to advertise, but the company must pay the photographer for these images. Another issue with this case is the privacy of the family. Children’s faces should not be printed without permission from the parents.



If the picture was used in education it would not be a copyright issue. If students used this picture and created something new with it then they would be covered under the fair use section of the copyright law. Students would not be sharing this picture for a purpose that would harm the photographer or the family. They would be using it for an educational purpose.



This case can be used to remind users that images that you upload online can end up anywhere. This family had no clue that after uploading their Christmas pictures that one would end up being used as an advertisement in Prague. This case serves to show why copyright on pictures is important. This family and this photographer never wanted their pictures to be used, and no one has the right to use their picture without their permission.

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