This case I found very interesting. I researched the case more and found that the man who posted his photo on Flickr did put the photo in creative commons. The issue with this is that Gap still did not ask for permission to use the photo, and made money off of it. This means that although the photo is creative commons, it is still a copyright violation.
In an educational setting, this would not be the case. Students would be using this photo in a transformative way. The photo has been altered and turned into something new. Plus, the photo was in creative commons, which was created to enhance educational situations. It would be also hard to argue that a students' project could take away profit from the original photographer of the photo.
Yes
ReplyDelete