I guess we spoke too soon. We mentioned the new airsoft retailer from Florida, BadAss Airsoft, which we picked up their press release from PR Web early this week. Unfortunately, they might have started their business on the wrong foot, as Thumpy, the owner of Thumpy's 3-D House of Airsoft, and a well-known airsofter contributing content to various airsoft sites and magazines, informed us that they have used photos from his Flickr account without his permission.
Thumpy does not have any qualms of his photos being used by others, as long as they accept that his photos are allowed for use under the Creative Commons Attribution-Noncommercial-No Derivative Works 2.0 License, which you are free to share his work. To go over the highlights of this license, you are allowed to use such work under the following conditions:
- Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).
- Noncommercial— You may not use this work for commercial purposes.
- No Derivative Works — You may not alter, transform, or build upon this work.
With the understanding that:
- Waiver — Any of the above conditions can be waived if you get permission from the copyright holder.
- Public Domain — Where the work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
- Other Rights — In no way are any of the following rights affected by the license:
- Your fair dealing or fair use rights, or other applicable copyright exceptions and limitations;
- The author's moral rights;
- Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights.
- Notice— For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to this web page.
We use the Creative Commons License version 3 for our content at Popular Airsoft, unless their respective owners state otherwise that their articles/stories will not be covered by this license.
Since you are free to use Thumpy's work for non-commercial purposes annd attribute it to him, then he has cause to give a "take down" notice to BadAss Airsoft.
Our editor has sent an email to BadAss airsoft asking for their reaction yesterday, but no reply yet from them. As of this writing, they have not taken action in removing the photos that Thumpy has mentioned.
BadAss Airsoft Link: http://www.badassairsoftguns.com/index.html
Thumpy's Flickr Link: http://www.flickr.com/photos/thumpmaster6/3436189451/in/set-72157616600476407/
BadAss Airsoft Link: http://www.badassairsoftguns.com/which_is_better/
Thumpy's Flickr Link: http://www.flickr.com/photos/thumpmaster6/3436155243/in/set-72157616600476407/
BadAss Airsoft Link: http://www.badassairsoftguns.com/airsoftsafety/
Thumpy's Flickr Link: http://www.flickr.com/photos/thumpmaster6/3436142761/in/set-72157616600476407/
Hopefully, this would come to an amicable settlement, making both parties happy. But this also serves as a heads-up for those who intend to use the works of others for your online airsoft content. It doesn't hurt to ask for permission.