Creative Commons licensing, in case you don't know, is a permission granted by the owner of a work to allow third parties to make restricted use of the work without prior permission. That's basically the point of it. All of them want credit (attribution); some wish to restrict users from changing the work; and others want third party uses to be limited to noncommercial ones. But the point of the CC license is to say, "You are authorized to use this image on the stated terms."
The Creative Commons license (incorporated by Flickr for the benefit of its users) is a brilliant idea, but one which could perhaps be more effectively executed. Having used it myself in creating my own Flickr page., I can see how some people might find it confusing. Which is a shame because, as I said: brilliant concept.
Recently I began putting together my "Pictures from the Earth" series to show-case particularly beautiful Creative Commons photos. (It is more work than you might think to find, say, the very best CC photos representing the theme glass bottles or "closed for the season.") "Floridiana Gloriana" as it is evolving is a similar undertaking, in which I was hoping to gather together CC photographs that best reflect the Florida I know and love (and that we keep hidden from tourists).
My projects depend on this blanket permission, since they're all spur of the moment things that I do for fun and as a labor of love. If I have to write each time for advance permission, it just isn't worth it. Anyway, the point of it is to call attention to really great work by photographers who have given me a new vision of a subject or my beloved Florida. The point of the project is to highlight their generosity, in other words.
But of course, the success of the projects depends on the understanding of the photograph's owners of what the license means.
In general, and as a courtesy to them, I immediately notify all owners of any CC photographs that I used at Flatland. It's not required; the essence of the license is that you permit third parties to use your work WITHOUT the need for verifying the permission. The people who responded to my notices were, for the most part, either exceedingly pleased that I'd chosen their work or---alternatively---blandly approving. The response was generally, "Why of course," or "Why, thanks!" is what I'm saying.
Inevitably, though, I finally encountered a person who just didn't get it. With the complacency born of many, many, many amiable encounters, I sent a letter to one photographer who responded to my notice by calling my use of the work "offensive" and stating that I had shown "blatant disrespect" for "ownership rights."
I was so shocked and so crushed by the accusation that I responded with the sort of blubbering apology that is second nature to me. (Since then, I've found that the photograph I used (and subsequently removed) is STILL showing up as "Creative Commons." which I personally find rather offensive.)
Based on research at Flickr, this sort of occurrence is not all that uncommon. People choose to apply the Creative Commons license to their photos without understanding its implications----why? I have no idea. I suppose they think it means what they think it means, like all the people---and their name is legion---who sign contracts without reading them and then are furious and dismayed when the other party relies on a provision they didn't know had been included. Other Flickr users advised me to shake it off. You could say that I learned a great deal from the experience.
But always feel bad when I offend anyone unintentionally, even when it clearly is not my fault, and I almost gave up on my projects. Fortunately though, I was cheered by a letter from the owner of Girly Shoes, who wrote to say she'd found a reference to Floridiana Gloriana through another blog, and was writing to offer her (lovely) photographs. And her post led me to a link that I hadn't seen at Mean Louise.com:
Floridiana Gloriana is a great new photoblog documenting the beauty of Florida. They’ve used some of my pictures so I might be slightly biased. (What is this, photography week?)
To which a commenter replied:
That’s a really cool site. Did you see the photos of the manatees?!! Soooooooo cute. My Nana lived right off the intracoastal in Hallendale and we’d walk to the end of the road and watch for the manatees to swim by. Ah, the late 70’s, how I miss them.
All this has conspired to cheer me up and to remind me that there are plenty of photographers who are quite happy to have their beautiful work highlighted. Of course, Floridiana Gloriana is still a new project, but you never know, do you?
Furthermore, the sharp rebuke I received from that one photographer whose work will never appear in my pages again has made me decide to write to some of the more prolific Florida photographers to ask for advance permission. I can't do that with the "Pictures from the Earth" topics, since they range across every possible topic, but it's become clear to me that there ARE quite a few photographers who specialize in Florida. Maybe I WILL just see what sort of blanket authority I can get from them. It's sad in a way because I really had in mind making the project a tribute to people who generously make their work available for use under license....but perhaps I will find a workaround.
Comments