As many of you have voiced your support on my Creative Commons issue with Toronto Life, I thought I’d share the letter I sent them about their use of my photos without permission. [original post about that is here]
I’m writing because 2 of my photos are being used without my permission on your Daily Dish section. Both photos have a Creative Commons Attribution-Non-commercial license (http://creativecommons.org/licenses/by-nc/2.0/deed.en_CA) which states explicitly that my photos are available for non-commercial use only.
I also state, explicitly, in my Flickr profile “If you want to buy any of my photos for commercial use, please email me to discuss it.” Toronto Life, and by extension your online properties which all have paid advertising, is commercial are not covered the Creative Commons Attribution-NonCommerical License.
The photos in question are used in these 2 articles:
- The new patios of summer ’09: Fresh grazing grounds for outdoorsy appetites – http://www.torontolife.com/daily/daily-dish/restauranto/2009/05/11/the-new-patios-of-summer-%E2%80%9909-fresh-grazing-grounds-for-outdoorsy-appetites/
- Cluck, Grunt and Low silenced: The carnivore’s paradise closes rather abruptly – http://www.torontolife.com/daily/daily-dish/deathwatch/2009/05/01/cluck-grunt-and-low-silenced-the-carnivore%e2%80%99s-paradise-will-close-abruptly-tonight/
I am very open to people using my photos on non-commercial sites, and I’m also open to commercial sites and publications using them WITH PERMISSION through purchased non-exclusive rights for which I generally charge $100 per image.
So, I would like you to:
1. add a link to my publication for which they were taken: www.cheapeatstoronto.com in the accreditation AND send me a contact so I can invoice you for use of the images at $100/image
2. remove the images from your posts and post an apology or post something indicating that you will only use photos from Flickr that are for Commercial-use from this point forward.
Here is a bit more on my reaction to seeing my images used without
permission – http://www.unsweetened.ca/unsweetened/2009/05/non-means-non.html
editor, publisher & founder
“Creative Commons is a non-profit that offers an alternative to full copyright.” creativecommons.org