Should I use Creative Commons Images? Is it worth the effort?

by Ivan on October 13, 2009

logo_creative-commons_trademarkPaul Pehrson, over on Technically Speaking, makes the point that content developers have a responsibility to ensure that content is used properly and legally. Why? He gives the example of NBC, who is being sued for using somebody else’s intellectual property, without properly licensing it.

He also lists some tips for using intellectual property properly:

  • When you use somebody’s material, get their written permission to use it, including exactly how it will be used.
  • Don’t assume that people put the content on the Internet so it can be used.
  • If you purchase stock photography, make sure you abide by the terms of the license agreement.
  • If you create something while at work, remember that this work belongs to your employer—not you!
  • If you make a derivative work, you have to be sure you are licensed to do so.
  • “Fair use” is a defense in court; it is not a legal protection, per se.
  • When in doubt, don’t do it.

Paul also makes the point that if, for example, you create a Help system that includes a Creative Commons Share Alike image, then “your entire help system may also be required to be licensed under a Creative Commons Share Alike license.”

Paul Pehrson: http://blog.paulpehrson.com/2009/10/13/intellectual-property-responsibilities-of-content-developers/

I hadn’t thought of it like this as I assumed that if I give credit for the single image, then I’m covered legally.

What’s your take on using images with Creative Commons licenses?

Is it worth the effort or should I register with one of the professional image companies?

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Tagged as: Creative Commons, Creative Commons License, Fair use, Intellectual Property, Law, License, NBC, Services

  • http://blog.paulpehrson.com DocGuy

    Thanks for the link.

    Giving credit isn't the same as getting permission to use the image. Just because it is posted online doesn't mean you can re-use it, even if you give credit for it. You must actually license the image in order to protect yourself from a lawsuit.

    With Creative Commons, be sure you are clear about the restrictions on a particular image. Some CC licenses allow you to re-use for commercial purposes, as long as you share-alike. That “share-alike” clause is the part that concerns me. Our IP/legal department, erring on the side of caution, says that any product that includes a CC-share-alike image must be licensed with a Creative Commons license.

    I doubt that the Creative Commons license has withstood many lawsuits in that regard, so the courts have yet to weigh in on exactly how the license would be enforceable in court. The goal, then, is to make sure you don't end up being the defendant in the case. You can do that by being extra careful on how you use your images.

    If it is for professional use, I'd purchase the image from a professional stock photography gallery. At work, we do a lot of business with Getty Images and iStockPhoto.

  • http://blog.paulpehrson.com DocGuy

    Thanks for the link.

    Giving credit isn't the same as getting permission to use the image. Just because it is posted online doesn't mean you can re-use it, even if you give credit for it. You must actually license the image in order to protect yourself from a lawsuit.

    With Creative Commons, be sure you are clear about the restrictions on a particular image. Some CC licenses allow you to re-use for commercial purposes, as long as you share-alike. That “share-alike” clause is the part that concerns me. Our IP/legal department, erring on the side of caution, says that any product that includes a CC-share-alike image must be licensed with a Creative Commons license.

    I doubt that the Creative Commons license has withstood many lawsuits in that regard, so the courts have yet to weigh in on exactly how the license would be enforceable in court. The goal, then, is to make sure you don't end up being the defendant in the case. You can do that by being extra careful on how you use your images.

    If it is for professional use, I'd purchase the image from a professional stock photography gallery. At work, we do a lot of business with Getty Images and iStockPhoto.

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