THREAD: What would you do if a 'free-to-use' photo ended up costing you $750?
@nknewsorg received one such bill on behalf of German marathoner @wuestenigel in 2019.
Something was v odd about his refusal to negotiate over the issue.
So I began digging: https://www.computerweekly.com/news/252488167/Automated-image-recognition-How-using-free-photos-on-the-internet-can-lead-to-lawsuits-and-fines
@nknewsorg received one such bill on behalf of German marathoner @wuestenigel in 2019.
Something was v odd about his refusal to negotiate over the issue.
So I began digging: https://www.computerweekly.com/news/252488167/Automated-image-recognition-How-using-free-photos-on-the-internet-can-lead-to-lawsuits-and-fines
Turns out that photographer Marco Verch has uploaded almost half a million 'free-to-use' pictures to the net.
But effectively, these are like traps.
And working w/ @sophielamotte & @Williamrt we began discovering many others who'd received large bills for using his photos.
But effectively, these are like traps.
And working w/ @sophielamotte & @Williamrt we began discovering many others who'd received large bills for using his photos.
For some we spoke to, the penalty demands were too much.
Dutch volunteer group Kijk Haar! got a legal demand for almost 1000 euros.
The demand was so stressful that the small group decided to stop their work after Verch went after them.
Dutch volunteer group Kijk Haar! got a legal demand for almost 1000 euros.
The demand was so stressful that the small group decided to stop their work after Verch went after them.
Voluntary organizations, students & small family businesses told us they got demands for large payments after using his photos.
Verch often also takes his targets to court.
He's sought $4.5M from users of his Creative Commons photos in the U.S. legal system alone.
Verch often also takes his targets to court.
He's sought $4.5M from users of his Creative Commons photos in the U.S. legal system alone.
While there is nothing illegal about what Verch is doing, the scale and sophistication of his scheme means many who make honest mistakes receive huge bills.
And interviews suggest he's normally unwilling to drop his payment demands, even when people try explaining the mistake.
And interviews suggest he's normally unwilling to drop his payment demands, even when people try explaining the mistake.
Part of the issue is Verch has created scripts that automatically hunt those who use his photos w/out credit, enabling him to quickly send bills to large numbers of people.
And how does he take so many photos?
Turns out he actually outsources much of this part of the work (!)
And how does he take so many photos?
Turns out he actually outsources much of this part of the work (!)
He pays contractors in Eastern Europe & Latin America as little as $3 per photo.
Then he makes them sign a release form and registers their works with the U.S. Copyright Office.
This enables him to use the @pixsyHQ service to send fines to people of up to $750 per picture.
Then he makes them sign a release form and registers their works with the U.S. Copyright Office.
This enables him to use the @pixsyHQ service to send fines to people of up to $750 per picture.
No surprise, then, that Verch claims online that he only needs to work four hours a week.
That gives him ample time to participate in marathons, ironman events, and @ASICSeurope meet-ups.
That gives him ample time to participate in marathons, ironman events, and @ASICSeurope meet-ups.
He says he's not doing anything wrong. Technically, he's right.
But that means it's high time for Creative Commons to retire the 16-year old photo CC-BY 2.0 license that allows this kind of practice.
But that means it's high time for Creative Commons to retire the 16-year old photo CC-BY 2.0 license that allows this kind of practice.
People shouldn't be sent massive bills for small attribution mistakes on free-to-use photos.
They should get a chance to fix mistakes first.
They should get a chance to fix mistakes first.
Find out about the full details of the scheme, how it works, who the victims are, and more.
Read the full investigation at
@ComputerWeekly
today: https://www.computerweekly.com/news/252488167/Automated-image-recognition-How-using-free-photos-on-the-internet-can-lead-to-lawsuits-and-fines
Read the full investigation at
@ComputerWeekly
today: https://www.computerweekly.com/news/252488167/Automated-image-recognition-How-using-free-photos-on-the-internet-can-lead-to-lawsuits-and-fines
This above thread re: Creative Commons copyright may be of interest:
@lessig
@EFF
@VolokhC
@ryanmerkley
@publicknowledge
@thepublicdomain
@oatp
@flohmann
@mmasnick
@gob
@GiovanniMRiccio
@rachelshorn
@raihan_islam
@glynmoody
@ManagingIP
@KyleKCourtney
@slashdot
@lessig
@EFF
@VolokhC
@ryanmerkley
@publicknowledge
@thepublicdomain
@oatp
@flohmann
@mmasnick
@gob
@GiovanniMRiccio
@rachelshorn
@raihan_islam
@glynmoody
@ManagingIP
@KyleKCourtney
@slashdot