Non-commercial photo use by commercial organisations
A similar — but distinctly more convivial — experience to Neil McIntosh’s run-in with AOL. I got a mail about a photo I put on Flickr: it’s nominated to be included in a forthcoming visitors’ guide, and I had the opportunity to agree to this or withdraw it. Following up, the site said:
While we offer no payment for publication, many photographers are pleased to submit their photos, as Schmap Guides give their work recognition and wide exposure, and are free of charge to readers. Photos are published at a maximum width of 150 pixels, are clearly attributed, and link to high-resolution originals at Flickr.
The creative commons license that you’ve assigned your photo(s) provides for non-commercial use. Our Schmap Guides, though free to readers, are ad supported: if you would like your short-listed photo(s) to continue to our England Guide final selection phase, please therefore read our ‘Terms of Submission’ and press the ‘Submit’ button [...]
The photo is indeed marked for non-commercial use and I have opted to withdraw it from the process. Schmap Guides are created by Schmap Inc, and the fact that this is a commercial organisation funded by commercial means (advertising) would make the photo’s inclusion commercial use in my book.
I’m certainly flattered by the offer, and Schmap have done the right thing to ask, which is more than AOL did with Neil’s photo. But still, use in a commercial organisation’s business is commercial use.
