On Thu, May 31, 2012 at 4:20 PM, Risker <risker.wp(a)gmail.com> wrote:
On the Commons side of things, I think there has been
an over-aggressive
campaign to extract "license compliant" images from Flickr and other
non-WMF repositories that include subjects who were very unlikely to know
that their image was going to be made available on Commons. I believe that
whoever uploads those images to Commons has a personal responsibility to
verify that all of the subjects in those images was aware of, and agrees
to, the licensing terms. I also believe that it should become part of the
process that prior to uploading such images, the person uploading to
Commons confirms with the Flickr uploader that the terms of the license are
correct, and that there are suitable model releases where applicable.
Let's not worry so much about what courts have decided, and pay more
attention to developing best practices within our own projects.
Risker/Anne
Agreed. Most of these are from Flickr, for example:
http://commons.wikimedia.org/wiki/Special:ListFiles/Handcuffed
Going by past experience, the Flickr account holders are quite likely
unaware of these uploads.