Tags: lice

Creative Commons licences have a variety of attributes, that can be combined together:

• No-derivatives: the work can be reused, but not altered.
• Attribution: the work must be credited.
• Share-alike: any derivates must share the same licence.
• Non-commercial: the work can be used, but not for commercial purposes.

That last one is important. If you don’t attach a non-commercial licence to your work, then your work can be resold for profit (it might be remixed first, or it might have to include your name—that all depends on what other attributes you’ve included in the licence).

If you’re not comfortable with anyone reselling your work, you should definitely choose a non-commercial licence.

Flickr is planning to sell canvas prints of photos that have been licensed under Creative Commons licenses that don’t include the non-commercial clause. They are perfectly within their rights to do this—this is exactly what the licence allows—but some people are very upset about it.

Jeffrey says it’s short-sighted and sucky because it violates the spirit in which the photos were originally licensed. I understand that feeling, but that’s simply not the way that the licences work. If you want to be able to say “It’s okay for some people to use my work for profit, but it’s not okay for others”, then you need to apply a more restrictive licence (like copyright, or Creative Commons Non-commercial) and then negotiate on a case-by-case basis for each usage.

But if you apply a licence that allows commercial usage, you must accept that there will be commercial usages that you aren’t comfortable with. Frankly, Flickr selling canvas prints of your photos is far from a worst-case scenario.

I licence my photos under a Creative Commons Attribution licence. That means they can be used anywhere—including being resold for profit—as long as I’m credited as the photographer. Because of that, my photos have shown up in all sorts of great places: food blogs, Wikipedia, travel guides, newspapers. But they’ve also shown up in some awful places, like Techcrunch. I might not like that, but it’s no good me complaining that an organisation (even one whose values I disagree with) is using my work exactly as the licence permits.

Before allowing commercial use of your creative works, you should ask “What’s the worst that could happen?” The worst that could happen includes scenarios like white supremacists, misogynists, or whacko conspiracy theorists using your work on their websites, newsletters, and billboards (with your name included if you’ve used an attribution licence). If you aren’t willing to live with that, do not allow commercial use of your work.

When I chose to apply a Creative Commons Attribution licence to my photographs, it was because I decided I could live with those worst-case scenarios. I decided that the potential positives outweighed the potential negatives. I stand by that decision. My photos might appear on a mudsucking site like Techcrunch, or get sold as canvas prints to make money for Flickr, but I’m willing to accept those usages in order to allow others to freely use my photos.

Some people have remarked that this move by Flickr to sell photos for profit will make people think twice about allowing commercial use of their work. To that I say …good! It has become clear that some people haven’t put enough thought into their licensing choices—they never asked “What’s the worst that could happen?”

And let’s be clear here: this isn’t some kind of bait’n’switch by Flickr. It’s not like liberal Creative Commons licensing is the default setting for photos hosted on that site. The default setting is copyright, all rights reserved. You have to actively choose a more liberal licence.

So I’m trying to figure out how it ended up that people chose the wrong licence for their photos. Because I want this to be perfectly clear: if you chose a licence that allows for commercial usage of your photos, but you’re now upset that a company is making commercial usage of your photos, you chose the wrong licence.

Perhaps the licence-choosing interface could have been clearer. Instead of simply saying “here’s what attribution means” or “here’s what non-commercial means”, perhaps it should also include lists of pros and cons: “here’s some of the uses you’ll be enabling”, but also “here’s the worst that could happen.”

Jen suggests a new Creative Commons licence that essentially inverts the current no-derivates licence; this would be a “derivative works only” licence. But unfortunately it sounds a bit too much like a read-my-mind licence:

What if I want to allow someone to use a photo in a conference slide deck, even if they are paid to present, but I don’t want to allow a company that sells stock photos to snatch up my photo and resell it?

Jen’s post is entitled I Don’t Want “Creative Commons By” To Mean You Can Rip Me Off …but that’s exactly what a Creative Commons licence without a non-commercial clause can mean. Of course, it’s not the only usage that such a licence allows (it allows many, many positive scenarios), but it’s no good pretending it were otherwise. If you’re not comfortable with that use-case, don’t enable it. Personally, I’m okay with that use-case because I believe it is offset by the more positive usages.

And that’s an important point: this is a personal decision, and not one to be taken lightly. Personally, I’m not a professional or even amateur photographer, so commercial uses of my photos are fine with me. Most professional photographers wouldn’t dream of allowing commercial use of their photos without payment, and rightly so. But even for non-professionals like myself, there are implications to allowing commercial use (one of those implications being that there will be usages you won’t necessarily be happy about).

So, going back to my earlier question, does the licence-choosing interface on Flickr make the implications of your choice clear?

Here’s the page for applying licences. You get to it by going to “Settings”, then “Privacy and Permissions,” then under “Defaults for new uploads,” the setting “What license will your content have.”

On that page, there’s a heading “Which license is right for you?” That has three hyperlinks:

1. A page on Creative Commons about the licences,
2. Frequently Asked Questions,
3. A page of issues specifically related to images.

In that list of Frequently Asked Questions, there’s What things should I think about before I apply a Creative Commons license? and How should I decide which license to choose? There’s some good advice in there (like when in doubt, talk to a lawyer), but at no point does it suggest that you should ask yourself “What’s the worst that could happen?”

So it certainly seems that Flickr could be doing a better job of making the consequences of your licensing choice clearer. That might have the effect of making it a scarier choice, and it might put some people off using Creative Commons licences. But I don’t think that’s a bad thing. I would much rather that people made an informed decision.

When I chose to apply a Creative Commons Attribution licence to my photos, I did not make the decision lightly. I assumed that others who made the same choice also understood the consequences of that decision. Now I’m not so sure. Now I think that some people made uninformed licensing decisions in the past, which explains why they’re upset now (and I’m not blaming them for making the wrong decision—Flickr, and even Creative Commons, could have done a better job of providing relevant, easily understable information).

But this is one Internet Outrage train that I won’t be climbing aboard. Alas, that means I must now be considered a corporate shill who’s sold out to The Man.

Pointing out that a particular Creative Commons licence allows the Klu Klux Klan to use your work isn’t the same as defending the Klu Klux Klan.

Pointing out that a particular Creative Commons licence allows a hardcore porn film to use your music isn’t the same as defending hardcore porn.

Pointing out that a particular Creative Commons licence allows Yahoo to flog canvas prints of your photos isn’t the same as defending Yahoo.

One of the other speakers at this year’s Webstock was Matthew Inman. While he was in Wellington, he published a new Oatmeal comic called I tried to watch Game of Thrones and this is what happened.

I can relate to the frustration he describes. I watched most of Game of Thrones while I was in Arizona over Christmas. I say “most” because the final episode was shown on the same day that Jessica and I were flying back to the UK. Once we got back home, we tried to obtain that final episode by legal means. We failed. And so we torrented it …just as described in Matt’s comic.

Andy Ihnatko posted a rebuttal to the Oatmeal called Heavy Hangs The Bandwidth That Torrents The Crown in which he equates Matt’s sense of entitlement to that described by Louis C.K.:

The single least-attractive attribute of many of the people who download content illegally is their smug sense of entitlement.

As Marco Arment points out, Andy might be right but it’s not a very helpful approach to solving the real problem:

Relying solely on yelling about what’s right isn’t a pragmatic approach for the media industry to take. And it’s not working. It’s unrealistic and naïve to expect everyone to do the “right” thing when the alternative is so much easier, faster, cheaper, and better for so many of them.

The pragmatic approach is to address the demand.

I was reminded of this kind of stubborn insistence in defending the old way of doing things while I was thinking about …advertising.

Have a read of this wonderful anecdote called TV Is Broken which describes the reaction of a young girl thitherto only familiar with on-demand streaming of time-shifted content when she is confronted with the experience of watching “regular” television:

“Did it break?”, she asks. It does sometimes happen at home that Flash or Silverlight implode, interrupt her show, and I have to fix it.

“No. It’s just a commercial.”

“What’s a commercial?”, she asks.

“It is like little shows where they tell you about other shows and toys and snacks.”, I explain.

“Why?”

“Well the TV people think you might like to know about this stuff.”

“This is boring! I want to watch Shrek.”

Andy Ihnatko might argue that the young girl needs to sit there and just take the adverts because, hey, that’s the way things have always worked in the past, dagnabbit. Advertising executives would agree. They would, of course, be completely and utterly wrong. Just because something has worked a certain way in the past doesn’t mean it should work that way in the future. If anything, it is the media companies and advertisers who are the ones debilitated by a sense of self-entitlement.

Advertising has always felt strange on the web. It’s an old-world approach that feels out of place bolted onto our new medium. It is being interpreted as damage and routed around. I’m not just talking about ad-blockers. Services like Instapaper and Readability—and, to a certain extent, RSS before them—are allowing people to circumvent the kind of disgustingly dehumanising advertising documented in Merlin’s Noise to Noise Ratio set of screenshots. Those tools are responding to the customers and readers.

There’s been a lot of talk about advertising in responsive design lately—it was one of the talking points at the recent Responsive Summit in London—and that’s great; it’s a thorny problem that needs to be addressed. But it’s one of those issues where, if you look at it deeply enough, keeping the user’s needs in mind, the inevitable conclusion is that it’s a fundamentally flawed approach to interacting with readers/viewers/users/ugly bags of mostly water.

This isn’t specific to responsive design, of course. Cennydd wrote about the fundamental disconnect between user experience and advertising:

Can UX designers make a difference in the advertising field? Possibly. But I see it as a a quixotic endeavour, swimming against the tide of a value system that frequently causes the disempowerment of the user.

I realise that in pointing out that advertising is fundamentally shit, I’m not being very helpful and I’m not exactly offering much in the way of solutions or alternatives. But I rail against the idea that we need to accept intrusive online advertising just because “that’s the way things have always been.” There are many constructs—advertising, copyright—that we treat as if they are immutable laws of nature when in fact they may be outmoded business concepts more suited to the last century (if they ever really worked at all).

So when I see the new IAB Display Advertising Guidelines which consist of more of the same shit piled higher and deeper, my immediate reaction is:

“This is boring! I want to watch Shrek.”