IT Law Project - Photo SharingPhoto Sharing (TT05)
Wednesday, July 23, 2008
Individual Reflections: Jing Chun
During this research, I gained more knowledge on IT and the laws, not only on photo sharing, but also other topics (such as Social networking, video sharing, etc), from others as well. On the surface, people might think that they understand what exactly is photo sharing yet, is not as simple as they think. It is against the law, when it is being mistreated, under the Copyright Act. For instance, the case on Chang v Virgin Mobil. Actually, there are many other photo sharing sites, which are new to us. The major sites, that are well-known to many of us are Flickr and Photobucket.
Therefore, to conclude, we have always consider carefully the consequences behind every action in whatever we do, such as photo sharing, file sharing, etc. Always think twice before making the decision.
Individual Reflection :: Wendy Toh From this project, i researched a lot of information on photo sharing, the legal issues on photo sharing. Nowadays, there are a lot of photo sharing sites, eg; Yahoo!Photos which became Flickr, Photobucket, istockphoto... Last time, i do not really understand about the legal issues on uploading or downloading or saving the photos from the photo sharing site. Now i then know that it is against copyright act when downloading the photos and use it as my own either in commerical or non-commerical use. I liked to upload my photos and share it with my friends but now i know that it is dangerous, and now i rather print my photos and share with my friends in hardcopy. So is it Nice to share your photos online? i think is NOT! Is good to think of the consequences behind our every single action!
Individualreflection: Sharon Huang
What i have learn from this module ITLG is that we have to be wary of the world of IT. There is still law available to prevent unauthorized photo sharing. What i have learn is Flickr have license over their users photo anyone who try to use the user photo will have deem agaist the law of copyrights. and photo is not to be use for commercial use as it is copyrights. I think in the world of IT it is difficult to share your photos online as there is danger and we have to be caredul as we do not know who has been taking our photo illegally and for war purpose.
individual Reflection: Jiasheng
ITLG is actually a project that i feel that its most relevant to the course that iam taking. Without ITLG, no matter how much IT skills you learnt or how much business ideas you have, in the end you will still find yourself being endangered by the different laws that you might broke. In this module, i learnt the different laws of IT. After being educated, iam now equipped with the skills to prevent myself from getting involved into unnecessary trouble that can be resulted from blogs, photosharing, videosharing, plagarism and more. Overall in conclusion, Lecturers and my tutors did a great job in teaching as well as motivating me to become a better student. Now iam inspired to become more enthusiastic to learn about laws relating to IT.
Creative Commons Licenses Flickr offers the users the ability to release their images under certain common usage licenses which include the Creative Commons 2.0 attribution-based and minor content-control licenses. Creative Commons License was release on December 16, 2002 by Creative Commons, which is a U.S non-profit corporation founded in 2001. Attribution-based license is that is allows licensees may copy, distribute, display and perform the work and make derivative works based on it only if they give the author or licensor the credits in the manner specified by these.
:::Case Study::: Susan Chang filed a lawsuit against Creative Commons, Virgin Mobile USA and Virgin Mobile of Australia who trespasses her daughter Alison Chang’s privacy rights after the photo was used in an advertising campaign.
The photographer posted her image to the photo-sharing website called Flickr without their consent. In addition, the image is posted under Creative Commons attribution copyright license, which allow others, including commercial entities to reuse the copyright work without paying for it.
In the advertisement, Virgin Mobile printed one of its campaign slogans, “Dump your pen friend” over Alison’s photos. At the bottom of the ad, it also says “Free text virgin to virgin”.
The advertisement itself had damaged Alison’s reputation as she is now exposed to ridicule from her peers as well as the public.
In the end, Chang dropped their charges against Creative Commons but wanted the organization to add three sentences to its license to clarify that they doesn’t deal with privacy rights.
The case of Chang v. Virgin Mobile, filed in a Dallas, Texas court may have important implications for companies that collect images of individuals. The case concerns a picture that an adult took of Allison Chang, a minor - apparently with her permission - and posted on Flickr under a Creative Commons -Attribution license. Neither Allison nor her parents knew the picture had been posted on Flickr. The CC-Attribution license grants the licensee a number of rights with respect to the photo, including the right to create and reproduce derivative products, and to display such derivative products. Virgin Mobile subsequently used the photograph in an extensive advertising campaign across Australia. However, when Allison and her parents found out how the picture was being used, it sued Virgin Mobile and Creative Commons for, among other things, invasion of privacy.
The suit alleges that a license "dictates the manner in which third parties may use the protected work", but it does not "eviscerate or supplant a person's independent right of privacy." The suit further states that as a direct result of Virgin Mobile's actions, Ms. Chang lost the exclusive control over her likeness and image and suffered humiliation, embarrassment and mental anguish as well as damage to her reputation.
This case, and others that are sure to follow, are important for a number of reason. First, it will help to define an individual's right to privacy in a digital world. As discussed on Lessig 2.0, a court probably would not have found the photographer had violated Ms. Chang's privacy simply by posting the image. http://lessig.org/blog/2007/09/on_the_texas_suit_against_virg.html#comments. However, extensive commercial use of the imagery might result in the court reaching a different decision.
The case is also important because it helps show the legal challenges associated with a "sharing economy". The spatial community is increasingly seeing the value in collecting and sharing open spatial data. Open data can take many forms. However, as this case shows, not everyone may want data associated with them "shared", particularly when the data can so quickly be altered and use for other purposes.
Photo sharing site is one which offer users the means of uploading their digital images to a third party online servers, where the images are stored and hosted for public or private access and display. A main difference that distinguishes between photo sharing site and an individual’s or institutional’s own image collection is the fact that once uploaded, the content in the hands of a third party and often sits alongside other users’ content.
One of the most well-known photo sharing sites is Flickr, which was originally conceived in 2002 as a video game-screenshot sharing web site, but it quickly blossomed into a full-fledged photo sharing site with a bustling community. Flickr, like many of the others, also added video sharing to their repertoire. Examples of other popular sites are such as Picasa Web Album, Photobucket and etc. Photo sharing site are categorised into four different broad categories, by their principal function. 1. Imaged Hosting Services, aimed at users who want to incorporate images into other social software (such as generation of code to easily embed images into blogs, social networking sites); usually publicly searchable. 2. Private sharing of photo albums between the users and other specified users or select groups (friends/families); images are not publicly searchable. 3. Online printing service, mostly targeted at users who want high quality prints, or “photo gifts” (such as calendars), and also provide album sharing as a by-product of having user’s digital files; images sometimes publicly searchable. 4. Public/open photo sharing – images can be annotated, browsed and search and licensed for use.
While photo blogs tend only to display a chronological view of user-selected medium-sized photos, most photo sharing sites provide multiple views (such as thumbnails, and slideshows), the ability to classify photos into albums as well as add annotations (such as captions or "tags") and comments. Some photo sharing sites provide complete online organization tools equivalent to desktop photo-management applications. Desktop photo-management applications may include their own photo-sharing features or integration with sites for uploading images to them. There are also desktop applications whose sole function is sharing photos, generally using peer-to-peer networking. Basic photo sharing functionality can be found in applications that allow you to email photos, for example by dragging and dropping them into pre-designed templates. Photo sharing is not confined to the web and personal computers but is also possible from portable devices such as camera phones, using applications that can automatically transfer photos as you take them, to photo sharing sites and photo blogs, either directly or via MMS.
Privacy and security Online theft and photo fraud have become major issues in the photo sharing market. The US Ad Council recently created an advertising campaign to warn users of the dangers of posting personal photos to public Websites. Recently, Phishers have begun to lift usernames and passwords from Yahoo users by turning to secondary sign-on pages, such as that for the Yahoo Photos image sharing service. One Website, 2Pad.com, has been created to minimize the risk of photo fraud and theft.
Chronology of Photo sharing: The very first photo sharing sites was developed during the mid to late 1990s primarily from service providing online ordering of prints which is photo-finishing. During the early 2000s, more photo sharing sites developed with the goal of providing permanent and centralized access to a user’s photos and in video clips which was resulted in different approaches to revenue generation and functionality amongst providers. The first photo sharing site is photoblogs which tend to display only a chronological view of user-selected medium-sized photos. Most of the photo sharing sites provide multiple view which includes thumbnails and slideshows and provide the ability to classify the photos into albums which can add captions on it or tags or comments.
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