I came across a site called Orlando Metroblog that had linked to a podcast episode of mine, an interview with an Orlando Sentinel editor. I was happy with the blog post. See below:
And then I saw it: a flickr badge with my photos inside it... right next to ads. It appeared to me that they were making money off content of mine without my permission. See below:
I read their terms of use for bloggers and if this is how they treat bloggers, I shouldn't be surprised they'd treat flickr-ers the same way:
Since they don't feel the need to share it, I will: If you add photos to this group, they're gonna put ads against them and make money for themselves and not give you anything. Even if the rules of use for the badge are on flickr's site somewhere, and if they do indeed say that this Metroblogging blog can do this, I think it's just good business to share that upfront, so people can make an educated choice about whether to join the group or not.
And then I saw it: a flickr badge with my photos inside it... right next to ads. It appeared to me that they were making money off content of mine without my permission. See below:
I read their terms of use for bloggers and if this is how they treat bloggers, I shouldn't be surprised they'd treat flickr-ers the same way:
"You agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such submission including, but not limited to, credit. This means once you send us something we own it and and publish it if we so choose, and that you can’t send us something and then complain if or when we use it. If you are very nice we might say 'Thanks.'"I wrote them an email based on the knowledge I had at the time:
Photos from a flickr account of mine, which are all labeled as "All Rights Reserved," are currently being displayed on your site without my permission. The photos are inside a Flickr widget on the homepage and subsequent subpages.This was their response:
On these same pages, there are display ads. You are (a) stealing my content and (b) deriving money from my content.
My flickr account: http://flickr.com/photos/26354033@N07/
You need to contact me.
1. How long you've been displaying my content?
2. How much you intend to pay me for the use of my content, starting from the very first day you began displaying it without my permission, next to display ads which you are profiting from?
3. If you wish to display my content after today, you need to offer me a financial deal to do so. If you are uninterested in paying me to use my content, then I am asking you to take my content down immediately.
Either way, I am owed compensation.
"Mark Baratelli wrote:Ok. I'd forgotten I'd joined their flickr group, but it neevr occurred to me that when joining, I'd be knowingly making them money with the photos in my flickr account. When you look at the group, it doesn't appear that it's connected with any external website, nor does it appear obvious that your photos will appear on their site, next to ads. Well, I don't know if it was there when I signed up or not (I don't remember) but at the very bottom of the group page, it does indeed say "Photos by the Metrobloggers in Orlando. http://orlando.metblogs.com/". See below:
The photos are inside a Flickr widget on the homepage and subsequent subpages.
Hi again Mark-I just noticed this line, that widget shows only photos that have been put into the Metroblogging (Orlando) Flickr group. As you know, only the owner of a photo on flickr can do this and by adding a photo to a group you are giving that group permission to use the photo. Additionally, flickr widgets can be used by anyone and flickr makes sure they are within fair use limits. If you do not want your photos to show in that widget, please remove them from our flickr group and do not submit them in the future.
Thanks so much for your time.
-s"
Since they don't feel the need to share it, I will: If you add photos to this group, they're gonna put ads against them and make money for themselves and not give you anything. Even if the rules of use for the badge are on flickr's site somewhere, and if they do indeed say that this Metroblogging blog can do this, I think it's just good business to share that upfront, so people can make an educated choice about whether to join the group or not.