The document discusses Creative Commons licensing and how it allows people to freely use images as long as they follow the creator's guidelines. It explains that Flickr has large collections of images available under Creative Commons licenses. However, other sites like Smugmug do not always clearly indicate copyright information. The document provides tips for searching images with Creative Commons licenses on sites like Smugmug and guidelines for properly using images from the internet.

1. Special Report
Highline Community College
Dan Morrill

2.  Creative Commons
 Used to denote pictures
that are free to use as
long as you meet the
creators idea of what
and end user can do
with the picture
 Fairly common in use,
many free picture image
searches available

3. Flickr and CC
Flickr has whole
gallery sets based on
the use of Creative
Commons
This allows people
who want to use
pictures on web sites,
in movies, in media
(flash, interactive) to
use imagery from
others, as long as the
CC license is
followed

4. Other sites it is
not so clear
Other sites like
Smugmug do not
explicitly state the
photographers (or
media’s) copyright.
Some will put their
copyright in the
search engine data
(SEO) so that you
can tell if they are
full copyright or
some form of
creative commons

5. You can search on
creative commons
creative commons
smugmug.com is a
good Google search
to find images that
have a creative
commons license.
You should also
follow any other
directions of the
photographer if you
are using their work

6.  This is focused on Washington State, your states laws
will vary, sometimes widely.
 Right to publicity
 Right of performance
 Model release(s)
 Public VS Private photography
 Law Enforcement

7.  http://rightofpublicity.com/statutes/washington
 All artists have a right to publicity:
 If the photographer did not have a release and took a
picture of an artist the artist can request to have it taken
down
 If the picture has been downloaded and copied the
photographer could be at fault
 If the picture is hosted locally on someone else’s web server
and used on a separate web site – the web site operator can be
at fault
 Penalties can be steep, up to 1500 dollars per image or
occurrence

8.  http://rightofpublicity.com/statutes/washington
 If the venue where a public/private performance did
not get a performance release, any imagery of the
performers can not be used without permission by the
venue, the photographer, or other parties
 Artists can sue, and win if the venue did not have a right
of performance release
 Using an image off the internet does not imply that the
proper legal forms were used
 Right of publicity and/or performance might not have
been granted

9.  First Amendment
 Parody or Satire
 Right of performance or model released obtained after
the pictures or video were taken
 Signs in the venue that explicitly state that
photography is going to happen and that the people in
the venue waive all rights based on being there
 Contract as part of ticket sales about photography
happening in the venue and waiver of rights

10.  Some photographers do not or are not able to obtain a
full model release
 In that case, all pictures of that model can become
encumbered if there is a dispute between the model and
the photographer
 Copying a picture of a model can result in secondary
liability to the web site serving the picture of that model
 Model Releases not in a full legal name
 Some photographers grab a release in the model’s stage
name
 Those are not always enforceable

11.  Centers on the argument of “expectation of privacy”
 Taking pictures of people on a street corner is ok
 Taking pictures of people through their bedroom
window is not ok (even if the curtains are open)
 Selfies – are ok as long as they are of age
 Police, Fire, Emergency Services are ok – as long as you
are not in the way – and you obey requests to stay away
and not be in the way
 Federal buildings, power plants, ship yards not ok – will
cite terrorism act
 Riots, protests, marches are all ok – but if someone asks
you to stay out of the way – you should do so

12. Public Private
problems
A picture of a rioter
Clearly identifiable
people
Public space
Public event
Unknown Copyright
(where did this come
from?)
Can I use it?

13.  All video, all pictures come “encumbered” with some form
of license
 Even Instagram comes encumbered:
 You represent and warrant that: (i) you own the Content posted by
you on or through the Service or otherwise have the right to grant
the rights and licenses set forth in these Terms of Use; (ii) the
posting and use of your Content on or through the Service does not
violate, misappropriate or infringe on the rights of any third party,
including, without limitation, privacy rights, publicity rights,
copyrights, trademark and/or other intellectual property rights; (iii)
you agree to pay for all royalties, fees, and any other monies owed by
reason of Content you post on or through the Service; and (iv) you
have the legal right and capacity to enter into these Terms of Use in
your jurisdiction. http://instagram.com/legal/terms/

14.  You might not know about any rights that were obtained
with that picture
 Some concert footage can be taken down at the source, but
your copy could result in a separate take down
 You might be unaware of any releases that were obtained
from the subject
 You might be unaware of any litigation around the
photograph or video causing you to get swept up in a lawsuit
 You might be unaware of any terms of service the picture
violates (Selfies included)
 You might not be informed if a picture is taken down later
opening your web site to a lawsuit for reposting

15.  Contact the photographer
 Ask if you can use the picture for your web site
 Most photographers are ok with this if you ask, I have never
said no to anyone who asked
 Purchase a license for the picture
 This is often expensive, the costs range from dollars to
hundreds of dollars
 Search Flickr’s Creative Commons or Smugmug’s
Creative Commons to pull pictures that are open to use
 Always credit the photographer/videographer – you don’t
need to ask if you stick to CC pictures