On Tue, Apr 1, 2008 at 11:07 AM, Robert Rohde <rarohde@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