or, The Hitchhiker’s Guide to Fear and Loathing at a Public Library Reference Desk



Found on Flickr for Fun and Profit

   February 12th, 2008

Flickr Loves YouI've had a flickr account for less than a year. Last week, a group contacted me, asking if they could use one of my photographs in their upcoming publication.

This is the second time that this has happened to me (in less than a year!), so I'm guessing it is a common occurrence on flickr.

Weird Massachusetts book coverThe first time it happened, I was almost awestruck: the editors of the Weird U.S. books and television show found me on flickr and wrote asking permission to use some of my photographs in their upcoming Weird Massachusetts book. The photographs they wanted were of Hammond Castle in Gloucester, MA. After exchanging a few emails, I think they're also going to use some I took around Westford, MA, of the Westford Knight and an Edgar Allan Poe memorial.

In exchange, they've agreed to send a couple copies of the book for me and my library, and also come to my library during their book tour.

Schmap LogoThe more recent flickr contact from last week was from Schmap, publisher of, I think, electronic travel guides and maps. They specifically asked about some pictures I took in Omaha, of where I stayed and a couple local businesses.

I didn't get anything in exchange for agreeing to that use, but that's fine. Most of my pictures go up under a Creative Commons license, so I don't really expect anything; just that other people aren't blatantly and secretly using them for commercial use.

If you're interested, I have a screenshot of the Schumap photo release webpage. Also, the text of their license agreement is below - very uncharacteristically of me, I actually read it. I found it interesting how tailored it was to pictures found on flickr - perhaps this is just another sign of how companies and legalese is shifting towards the Web 2.0 environment. It's cheaper to use other peoples' photographs than to hire your own photographers, and people who post publicly are likely willing to share for free.

TERMS OF SUBMISSION

THESE TERMS OF SUBMISSION (THE “TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY (“YOU”), AND SCHMAP, INC. (“SCHMAP”). BY CLICKING THE “SUBMIT” BUTTON, YOU CONFIRM YOUR ACCEPTANCE OF THE TERMS.

1. PHOTOS
The term "Photos" refers to one or more photographs and/or images licensed by You to Schmap pursuant to the Terms.

2. LICENSE GRANT
Subject to the terms and conditions herein, You hereby grant Schmap a worldwide, royalty-free, non-exclusive, perpetual license to include the Photos in the current and/or subsequent releases of Schmap's destination/local guides.

3. FAIR USE RIGHTS
Nothing in these Terms is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

4. LIMITATIONS
The license granted in Section 2 above is made subject to and limited by the following express limitations:

(a) Schmap may only distribute, publicly display, publicly perform, and/or publicly perform the Photos pursuant to the Terms.

(b) Schmap shall be required to keep intact all copyright notices for the Photos and provide, reasonable to the medium or means of utilization, the name of the original author (or pseudonym, if applicable) if supplied, for attribution in Licensor's copyright notice, terms of service or by other reasonable means, and a credit (implemented in any reasonable manner) identifying the use of the Photos in any derivative Photos created by Schmap.

(c) Schmap shall, to the extent reasonably practicable, provide Internet link(s) to your Photos.

(d) Schmap shall not sublicense the Photos.

(e) Schmap shall indicate to the public that the Photos are licensable to others under the Creative Commons license that you have assigned to the Photos prior to Schmap's initial short-listing of your Photos, and provide a link to this license, where reasonably practical.

(f) Schmap shall continue to make its destination/local guides available at no cost to end users.

5. RIGHTS
You confirm that You own or otherwise control all of the rights to the Photos and that use of the Photos by Schmap will not infringe or violate the rights of any third parties.

6. NO OBLIGATION
Schmap shall have no obligation whatsoever to reproduce, distribute, broadcast, or otherwise make use of the Photos licensed by You to Schmap hereunder.

7. NO AFFILIATION
While the Flickr website and/or Flickr API have been used to short-list your Photos, Schmap claims no affiliation or partnership with Flickr.

8. MISCELLANEOUS
If any provision of the Terms is ruled unenforceable, such provision shall be enforced to the extent permissible, and the remainder of the Terms shall remain in effect. The Terms constitute the entire agreement between the parties with respect to the Photos licensed hereunder. There are no understandings, agreements or representations with respect to the Photos not specified hereunder. If there is any dispute about or involving the Terms or the license granted hereunder, You agree that such dispute shall be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. The license granted in the Terms may not be modified without the mutual written agreement of You and Schmap.




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4 Responses to “Found on Flickr for Fun and Profit”

  1. Jessica Says:

    Cool! I was Schmapped too! They are using a shot I took in Cambridge.

  2. Kat Says:

    Wow, you must take fantastic pictures. How flattering! :)

  3. Brian Herzog Says:

    Maybe, but I don’t think so. Perhaps it’s a numbers game: there aren’t very many people who have taken similar pictures and post them to flickr and use a creative commons license. But yes, it is flattering – and pretty neat.

  4. Brian Herzog Says:

    Here’s an update: I got the following email this weekend:

    Hi Brian,

    I am delighted to let you know that your three submitted photos have been selected for inclusion in the newly released fourth edition of our Schmap Omaha Guide:

    Zio’s Pizzeria
    http://www.schmap.com/omaha/restaurants_pizza/p=230498/i=230498_2.jpg

    Mr. Toad
    http://www.schmap.com/omaha/nightlife_pubs/p=231649/i=231649.jpg

    Embassy Suites Downtown – Old Market
    http://www.schmap.com/omaha/lodging_deluxe/p=143340/i=143340.jpg

    If you like the guide and have a website, blog or personal page, then please also check out the customizable widgetized versions of our Schmap Omaha Guide, complete with your published photos:

    http://www.schmap.com/guidewidgets/p=80516279N00/c=SF20771835

    Thanks so much for letting us include your photos – please enjoy the guide!

    Best regards,

    Emma Williams,
    Managing Editor, Schmap Guides

    Yay for Omaha. I’m not going to use the widget in this case, but I might find a use for one someday.