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My Opinion

The Spirit of Flickr and the Problem of Intent

I’m trying something new here: Audio versions of my essays. So, if you want to listen to me read this essay rather than read it, hit the play button below and let me know what you think about this idea!

Over the weekend a conversation has started over the move by photo sharing site Flickr to start selling canvas and other prints of photos published under various Creative Commons (CC) licenses with attribution but in some cases without financial benefit to the artist. The story started at Wall Street Journal, got picked up and went viral with Dazed, and gained further traction when authoritative figures like Jeffrey Zeldman chimed in.

I’m not going to argue the legalities of this issue. As has been stipulated by pretty much everyone who has spoken about it, Flickr – and by ownership Yahoo! – are well within their rights to do what they are doing from a legal standpoint. If you publish content under the CC-BY license you are explicitly granting anyone the rights to republish that content in any way including commercially (under which selling for money would fall) without reimbursing the original creator as long as they provide proper attribution to the same creator. By contrast the CC-BY-NC license grants anyone the right to republish that content under the same guidelines only for noncommercial purposes. If they wish to publish it for commercial purposes (including sale) they must be granted a separate individual license from the creator. (There is a lot more to Creative Commons and I urge you to educate yourself about this type of license, but that’s the gist of this particular story.)