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View Diary: Compendium of Public-Domain Image Links (152 comments)

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  •  They're violating Flickr's terms of use. (1+ / 0-)
    Recommended by:

    The Flickr Guidelines state in part:


    • Upload photos that you've taken
      Respect the copyright of others. This means don't steal photographs that other people have taken and pass them off as your own.


    • Upload anything that isn't yours
      This includes other people's photographs and/or stuff that you've collected from around the Internet.

    The use in that instance may be fair, but fair use is dependent on the context and is designed to be tested by people suing each other. (Can you say "chilling effect", boys and girls?)

    •  Still sounds to me (0+ / 0-)

      like they can be used with attribution, according to the different types of Creative Commons licenses available at Flickr and clearly marked in that public-domain image page.  Am I wrong?

      •  That really does depend. (0+ / 0-)

        I'm not sure exactly what you're asking. I don't know what "public-domain image page" you're referring to.

        If the photo posted on Flickr doesn't actually belong to the person who posted it and supposedly released it under that CC-BY license, then no, they can't be used, not there and not anywhere, unless the copyright holder says so. The copyright holder is the only one who gets to declare license terms. If the images are, in fact, public domain, then of course there's no need to claim "fair use" on them, because there's no license holder. However, fair use is context-dependent. An image isn't "fair use", it's "fair use in this article, used for educational purposes and not for a profit and not intending to horn in on the copyright holder's action".

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