On 6/30/07, Lan Bui <[EMAIL PROTECTED]> wrote: > > PodTech had the chance to ask to purchase a license to use the > photograph before it was used, at which time they would be able to set > the terms. That didn't happen. Now that they have used the photograph > already, who should set the terms? >
This to me is the bottom line. If a company wants to negotiate the price for a creative work, their only opportunity to do so is before they use it. Trying to say "ah well we'll give you X" after it's already been used without permission is not only unfair ... its probably not a very strong legal position. (IMNAL) If a company is going to use photos from flickr .... they should know how to look for the license icon on a flickr page. If they fail to do so its not the photograph owners fault. Lastly I'm having a hard time accepting the implied "well anyone else would have just given us the photo because we're oh-so-loved and do so much for everyone" angle .. even if thats true, saying it out loud kinda ruins it. :-P PodTech: Stop thinking of this as trying to pay what YOU feel the photo is worth (your opportunity to do that was before you used the photo), and start thinking of this as paying Lan for infringing on his copyright ... surely that is something you can understand is worth more than a stock photo (even if you cant for some reason understand that this photo is as well). - Dave -- http://www.DavidMeade.com [Non-text portions of this message have been removed]
