Levon Ter-Petrossian Copyright Infringement?

Levon Ter-PetrossianI suppose I could have guessed it would happen, but I have to admit that I’m not entirely sure how I feel about the use of my photos in the three Rally sections of the Photo Gallery on the Levon Ter-Petrossian official campaign site. Although the low resolution versions are licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works license, I’m not sure if they can be used for a political website without my permission.

You are free:

* to Share — to copy, distribute and transmit the work

Under the following conditions:Attribution. You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

While it’s always nice to see my photos being used on other sites when appropiate, I’m not sure whether an official campaign site can do this, although is it commercial or non-commercial? Obviously, I should point out that as a British citizen and photojournalist I do not endorse Ter-Petrossian’s candidacy, or indeed that of any of the other presidential hopefuls which makes this issue even more important.

For the record, I should point out that I have sold two photographs to Levon Ter-Petrossian’s team for use on their web site (the clenched fists in the top right hand corner and the photo above for use on flyers), but my permission wasn’t sought for the use of the other images, and while the free-use Creative Commons license is there, it does specifically state that attribution must not be “in any way that suggests that they endorse you or your use of the work.”

Assuming that Ter Petrossian’s team can use my images under Creative Commons as long as they keep to the specific requirements given, inadequate attribution could make people think I am either a supporter or part of his campaign. It’s also worth pointing out that as the campaign site is trying to raise money for Ter-Petrossian’s campaign fund, it might be considered to be a commercial and not non-commercial site.

Noncommercial. You may not use this work for commercial purposes.

Moreover, as an independent journalist and photojournalist that is potentially very serious and very damaging indeed. Really. All images shot during this pre-election period can be found on my Flickr site and I’m always looking for commissions from international publications and non-partisan organizations. But I wonder, will I now be seen as a partisan photographer supporting Levon Ter-Petrossian?

Incidentally, the campaign teams for the other presidential candidates as well as organizations involved in election-related activities are also encouraged to email onewmphoto [at] yahoo.com with details of photo opportunities.

Levon Ter Petrosian Rally

Levon Ter Petrosian Rally

levon_site_3.jpg



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