On Tue, Apr 1, 2008 at 11:07 AM, Robert Rohde <rarohde(a)gmail.com> wrote:
<snip>
Also, it's worth noting that even if you have
ironclad documentation that
a legitimate license had been communicated, that only addresses that you
were acting in good faith. Good faith actions eliminate the possibility for
punitive damages, but if you rely on a license declaration that is incorrect
(for example because the Flickr user stole it from someone else), you are
still potentially liable for actual and/or statutory damages. Which is why
professional publishers usually expect a clearer chain of authorship to
avoid getting duped.
P.S. If found liable, you could subsequently sue the Flickr user to recover
your losses, if you could find him... But that's more trouble and risk than
I think most professionals would want.
-Robert Rohde