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Chieka on Boing Boing TV

Chieka models her AFDB    Chieka on Boing Boing TV

Left: Chieka models her AFDB
Right: Chieka on Boing Boing TV

Copyright must be the most misunderstood aspect of life online. Many people feel (wrongly) that what they see online is theirs for the taking. In my role as Community Manager at Flickr, I’ve received angry missives from people post DMCA takedown along the the lines of “but I found it on the internet, it’s free!”. Well, no it’s not.

I love Creative Commons. I embraced this evolution of copyright very early on. It’s trying to find a way for individuals to share their work in ways that they are comfortable with. Given that my photos are shared here and on Flickr under Creative Commons it’s always interesting to me to see where my work turns up. My photo of Chieka in her aluminum foil beanie has been included in this Boing Boing TV clip that dramatizes spam.

I have a couple of thoughts about the inclusion:

1) I initially thought that Boing Boing was using the work uncredited. I’d viewed the video on a 3rd party site. Upon going to the source, there is credit in text under the video itself. I don’t think this is good enough. Given that Boing Boing TV can be embedded by 3rd parties, that accompanying information isn’t along for the ride.

2) Chieka in her beanie is licensed as “Attribution-Noncommercial-No Derivative Works 2.0 Generic“. I would say that Boing Boing TV is a commercial endeavor. Don’t the bits air on Virgin America? That along with the ad driven site classify Boing Boing TV as a commercial. Am I wrong? Otherwise, I would think that “no derivatives” would preclude the reshaping and sparkles.

What am I going to do about it? Nothing. We’ve all recently seen how issues around use of work and the respect owed to the creator can take on a life of their own. I don’t want to particularly engage with any form of mob rule around a crappy phone cam shot of my chihuahua in a tin foil hat. And sadly, I don’t feel that Boing Boing would care all that much. They are a force unto themselves.

Here’s what I’d like to see: those using Creative Commons need to work harder to respect the work of those who are licensing their photos in this new way. There’s no greater way for a project like this to fail if people don’t take the time to do the right thing. Pick photos with the right kind of license. Don’t assume that a Creative Commons license of any flavour it carte blanche. It’s not. Take the time to credit the work in in a way that is respectful to the creators. If you’re making a video, put the credits at the end. If people continually see their photos misused, they’re likely to abandon the project altogether and that would be a great shame.

Now go make yourself a tin foil hat.

UPDATE: 6:52 PM PACIFIC 03/06/08 — it looks like Boing Boing TV has pulled the image of Chieka in her tin foil hat from the video, though the credit still remains on the page (I’ve copied and pasted the text below and you can see my “credit” emboldened).

9 Comments

[...] Heather on Creative Commons and Tin Foil Hats Hey Boing Boing: “No Derivative Works” means you violated Heather’s license. You should know better. (tags: boingboing creativecommons) [...]

Posted by Derek Powazek - links for 2008-03-06 on 6 March 2008 @ 6am

IANAL, but I’m not sure that you are right about the non-commercial part. The episode of BoingBoing TV is itself licensed under a non-commercial, sharing with attribution license. Even though the clip includes an actual commercial, the page you linked to does not and since their clip also has a non-commercial license, I think that it may be fair.

I agree that their attribution is less than stellar. It should be in the credits of the clip.

As for the alteration of

Posted by Ray Baxter on 6 March 2008 @ 9am

Ray, I think your last comment was cut off. Just want to say that I didn’t remove the last words — I haven’t edited your piece.

Posted by Heather on 6 March 2008 @ 9am

As for the alteration of the photo, that seems like a clear fault.

Posted by Ray Baxter on 6 March 2008 @ 9am

Ray, I am also not a lawyer, though I don’t know that how Boing Boing licenses their own work has any impact on whether or not they themselves are a commercial entity.

When I view the site, there are a multitude of banner ads around their work and I guess it depends if they are receiving compensation for their work being broadcast elsewhere.

Posted by Heather on 6 March 2008 @ 9am

Maybe I missed something or maybe I just have bad eyes but I watched that video and didn’t see the photo of Chieka.

Posted by susan on 6 March 2008 @ 6pm

susan, interesting. It looks like Boing Boing has edited the video and switched out the tin foil hat photo for another. As of 6:52 PM Pacific, my “credit” still appears on the page:

“THANKS, MAURICE) RobW-: Just because you’re paranoid.jpg; 0ne: i have no arms and my boobs go all the way around my body!!!.jpg; absolutwade: maxi fan.jpg; Andrew Mason: paranoid polaroid.jpg; apurdam (Andrew): The Bra Fence.jpg; Big Blue Ocean: CC Bear copying his butt.jpg; blah blah black sheep: mod mind control.jpg; bolandrotor: hut nut.jpg; BWConspiracy1; confusedvision: prisoner…in a fake world.jpg; Daoist56: resume-paper 3.jpg; David Wilmot: Desert Hut.jpg; djwudi: Devil Girl, Norwescon 29, Seattle, WA.jpg; Dunechaser: Soviet Revolutionaries.jpg; Esther_G: [im]pulse [control disorder].jpg; freddy: Atlantic coast bike path.jpg; Grant Mitchell: A Deserted hut on an island.jpg; heather: Chieka models her AFDB.jpg; heyjoewhereyougoinwitht hatguninyourhand: Infared mind control.jpg; hungry_i: people mobilized in support of juche or something.jpg; James: Good Swamp TV..jpg; Lampeduza: Im Proud of Me!!!!!!.jpg law_keven: Resistance is futile….jpg; Master Scorpion: Succubus.jpg; Neilwill: Hypnotist cat.jpg; peevee@ds: shelter.jpg; simnukeekc; smith: Vancouver Public Library.jpg; stacya: October 24.jpg; susurrus_sparks: The Soft Underbelly of Oscar.jpg; swisscan: Xerox Tower Toronto.jpg; takuya: miyamoto life.jpg; Thomas Hawk: The Signal’s Lost.jpg; thorinside: A Life.jpg; Unhindered by Talent: You must protect yourself from those evil marketing rays.jpg; Vladimir: I U L Mind Control.jpg; wvs: flag and reflection.jpg; xdjio: Wasteland.jpg.”

The screenshot above will give you an idea of what the image looked like.

I guess pulling it out is one way to resolve the issue. I hope that for future bits and pieces, Boing Boing TV selects images that have been appropriately licensed for their work.

Posted by Heather on 6 March 2008 @ 6pm

[...] Boing Boing Breaks CC License! [...]

Posted by Theo Jones – Links for Feb 28th - Mar 12th on 11 March 2008 @ 10pm

[...] Powazek chime ins with a similar example of his wife’s photography used on Boing Boing TV. The kicker here is that his wife also happens to be the Community Manager at Flickr. Boing Boing [...]

Posted by Aaron Landry » An Example of Creative Commons Not Working on 29 March 2008 @ 5am