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Very interesting.

It isn't concerned per se with licensing so much as issues of consent, privacy and ethics. And in the UK mare particularly with the concept of informed consent. The photos that Koppie Koppie are exploiting (ethically? unethically?) in their merchandising under Creative Commons assumes that the people who posted the photos on Flickr, and applied a CC license to them, had the permission of the parents/guardians (in the case of minors) to do so and that those adults knew that applying such a license would mean that the subjects of the photos might therefore appear anywhere. This has to be inferred consent as their is currently nowhere in CC licensing schemes to link to anything which might in turn link to a statement of informed consent.

We can only infer that the people who posted the photos and applied the licences had in fact read and understood the terms and conditions of both Flickr and Creative Commons.

I co-wrote an OpenEd paper with Jane Williams and Megan Quentin-Baxter some time ago proposing a Consent Commons to deal with exactly this type of thing (see http://openaccess.uoc.edu/webapps/o2/bitstream/10609/4864/6/Williams_editat.pdf) and we had a lovely case study which Megan wrote up here: http://responsible-innovation.org.uk/torrii/resource-detail/1472

We also worked on some guidance which Jisc hosts (and which probably could do with some updating now) at http://www.jiscdigitalmedia.ac.uk/clinical-recordings/

I'd love to see this issue debated more...

Suzanne

On 2 Mar 2015, at 14:48, Alex Fenlon <[log in to unmask]> wrote:

Hi All,
 
I was surprised not to see the following link to the rounds last week- at least, I don’t think I saw it on the lists.
 
https://nakedsecurity.sophos.com/2015/02/26/koppie-koppie-sells-photos-of-your-kids-to-prove-you-shouldnt-post-them-online/
 
As interesting piece about what can happen if CC is misunderstood/ misapplied to ‘sensitive’ content. (I do note that perhaps the licences haven’t been ‘mis-anything’ and that the authors are exploiting the spirit of the CC licences.)
 
(Perhaps this is just a piece of ‘clever’ marketing.)
 
Thanks
 
Alex.
 
Alex Fenlon, FHEA
Copyright and Licensing Advisor,
Library Services, University of Birmingham,
Edgbaston, Birmingham, B15 2TT
T + 44 (0)121 414 4203
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