Back and forth. My reply.
Posted by BM5k on February 25, 2008 at 04:11 PM
Mark,
I appreciate the prompt response to my comment, and would like to thank you again for choosing my photo. I would like to take the time to reply to your points.
1. PBS is not a commercial site
I fail to see how you classify this site as non commercial. You have links to your underwriter, and sponsored links. Surely these links generate income for PBS. Income through money, goods or services constitutes commerciality, regardless of for-profit status.
2. Attribution
This is a less clear issue. Yes, you have provided a by-line for the photo. However, the attribution and the photo are placed such that it is possible to view the photo without ever seeing the credit.
3. Contact before usage and the CC license
You are correct when you say the point of CC is to allow usage. However this usage must be governed by the applicable license. You have not used the image within the confines of the license which I’ve provided.
- You have used my work on an commercial site.
- You have not provided a copy of or link to the CC license.
- Your attribution is not placed in reasonable proximity to the work.
If you’d wanted to use the image in this way, you should have contacted me.
Resolution
My intent is not to have the picture removed, but to protect my rights. I would like to see the following changes made to your post.
I would like the credit placed closer to, if not directly under the photo. Also, either a link back to the photo page added in the credit (ie via Flickr) and/or make the picture itself link back to the photo page. Lastly, a link to the CC license should be added somewhere.
I’ve put together this example of how I would attribute this photo. This is just an example, but will hopefully clarify my requests.
This letter, as well as your reply to my original email can all be found on my blog.
Thank you again for your time,
Byron Bowerman
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