Changes for document Copyright Propagation in Social Networks

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edited by Janet Finlay
on 2009/03/27 16:00
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Document author Janet Finlay
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Author Andy Powell
Date 05/11/2008 17:18:39
Comment content Minor point, but the primary issue here seems not to do with copyright but with invasion of privacy. Other than that I think it is a good use-case. At a meeting about copyright yesterday I heard two similar stories, one in which a student in a photograph being used by a university in their prospectus complained because they hadn't been paid (resulting in the university having to use a different image) and one in which a student in a photograph being used as part of some disability literature complained because they weren't disabled. In both cases, there was no written permission to use the images concerned. In each case, the defining feature is that a photo that is acceptable in one context is then used in a different context which is not deemed to be acceptable by the person in the photo. As the case-study suggests, the real problem here is lack of an ability to notify the subject of the image that the photo is being re-used in a different context.
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LegalRights Yes
Situation A young student has her picture taken and uploaded by a friend to Flickr with a Creative Commons license that allows commercial use. A major company friends the photo on Flickr and proceeds to use it in an advertising campaign across the country where the student lives, with an unflattering logo beneath the photo that says "Dump Your Pen Friend". The young student feels emotionally damaged and sues the company in court. \\ More details of this actual case are here: http://ipandentertainmentlaw.wordpress.com/2007/10/15/update-dumb-your-pen-friend/ \\
Group Digital Identities
Lastedited 06/05/2008 14:10:50
Summary Copyright Propagation in Social Networks
Name Copyright Propagation in Social Networks
Status seed
Created 06/05/2008 14:10:50
License CC-BY-NC-SA (recommended)
Task The problem at hand can be confronted one of two ways. The first is to assume that the owner of the photo perhaps did not fully understand what situation they were putting their friend in by releasing their photo under the Creative Commons License, in which case all that is needed is to offer a more full explanation of the license. However, it is more likely to assume that the original owner of the photo understood Creative Commons, but did not notify their "friend" that an unflattering picture of them was being uploaded that could be used for-profit by a company.
Actions What is needed is that the social networking platform, Flickr in this case, needs to have the ability to notify people when photos of them have been uploaded under licensing conditions they object to. Assuming that the photo is tagged, while social networking sites like Flickr already implement this to a limited degree (without licensing updates), this problem is much more widespread. For example, what if the young female student was not a member of Flickr, and so could not be easily updated if a photo of her is published. \\ However, she is likely to a member of some social networking site, so with the proper combination of identity technology (like OpenID) and cross-platform embedding of licensing information (such as the use of Creative Commons licenses embedded in RDFa), as well as some cross-social networking site communication protocol (XMPP perhaps), this problem could be solved in a distributed manner based on Open standards.
Project This is for the Digital Identities Workshop. This work case was first suggested to me by the W3C's Policy Language Interest Group Discussion.
Results Of course, as no technology implements this yet, there is no clear result from which to judge or test the technology. However, it shows that there is a very clear use-case and need to prevent this sort of incident from happening in the future.
Lessonslearnt The problem at hand can be confronted one of two ways. The first is to assume that the owner of the photo perhaps did not fully understand what situation they were putting their friend in by releasing their photo under the Creative Commons License, in which case all that is needed is a
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