is grateful to Jonathan Mitchell QC (Murray Stable together with Scottish Commons projection lead) for tipping him off nigh a Dutch illustration enforcing a Creative Commons licence. Jonathan writes:
A Dutch magazine, ‘Weekend’, illustrated an article alongside photographs taken from the photographer’s Flickr populace website at http://flickr.com/photos/adamc1999/ . As is usual on flickr, the photographs were published nether a Creative Commons licence which did non permit commercial re-use, together with in that place was a link to this licence on the webpage. The photographer, Adam Curry, sued Weekend’s publishers, Audax, for copyright infringement inward the Netherlands. Audax argued that it was misled past times the flickr notice 'this photograph is public'; that the link to the CC licence was non obvious; together with that Weekend had assumed inward practiced organized faith that no authorisation from Curry was needed. Moreover, Curry had non incurred whatsoever damages past times the publication of the photos inward Weekend, since the photos were freely available to the populace on flickr.The Court rejected Weekend's defence, sustaining the declaration that the termination of the link to the Creative Commons licence was that the limitations inward that licence applied, together with awarded damages of €1000. The determination is noteworthy equally the outset determination of a European courtroom on the practical termination of a Creative Commons licence on fabric published on the mesh together with dealing alongside the mutual supposition that whatsoever such fabric automatically falls into the populace domain.The total text of the Dutch court’s determination is at http://tinyurl.com/q4fqh (click Printbarie versie).
Key passage inward English:
"All 4 photos that were taken from www.flickr.com were made past times Curry together with posted past times him on that website. In principle, Curry owns the copyright inward the 4 photos, together with the photos... are discipline to the [Creative Commons] licence . Therefore Audax should uncovering the weather condition that command the purpose past times 3rd parties of the photos equally stated inward the licence . The Court understands that Audax was misled past times the notice 'This photograph is public' (and hence did non accept complaint of the weather condition of the licence ). However, it may live on expected from a professional person political party similar Audax that it comport a thorough together with precise exam earlier publishing inward Weekend photos originating from the internet. Had it conducted such an investigation, Audax would stimulate got clicked on the symbol accompanying the notice 'some rights reserved' together with encountered the (short version of) the licence . In illustration of uncertainty equally to the applicability together with the contents of the licence , it should stimulate got requested authorisation for publication from the copyright holder of the photos (Curry). Audax has failed to perform such a detailed investigation, together with has assumed likewise easily that publication of the photos was allowed. Audax has non observed the weather condition stated inward the licence [...]. The claim [...] volition hence live on allowed; defendants volition live on enjoined from publishing all photos that [Curry] has published on www.flickr.com, unless this occurs inward accordance alongside the weather condition of the licence ."
There’s a comment at http://tinyurl.com/zc8jr .
The Creative Commons UK website at http://www.creativecommons.org.uk/ seems to live on out of committee at the moment, only its international site at http://creativecommons.org is OK. It late published a Scottish edition of its licences together with an English linguistic communication edition should live on published real shortly.
realises that this is an of import illustration together with that the courtroom does brand reference inward the paragraph quoted inward a higher house to the damage of the licence. However, the courtroom starts from the seat that this is a move that is protected past times touchstone copyright together with that’s where the protection against commercial purpose stems from. The existent seek of Creative Commons licences volition live on when the exceptions that they endeavor to impose are set earlier the courts.
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