Quote:
Originally Posted by ourkind
A photographer is suing 'Lowes' after they took a photo from her flickr photostream and printed it on t-shirts which were later sold.
It will be interesting whether she will win and be compensated accordingly.
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From the information provided, it sounds like a fairly clear and cut case? If a Lowes employee downloaded the photo from her Flickr stream, made the T-shirt, and started selling it etc - then I would think it's a fairly cut and dry case. She'd be able to win back her legal costs, royalties, and possibly penalty costs (designed to discourage infringement).
On the other hand, what if some stock photo company took her photo from Flickr, posted it on their site, resold it to a fashion designer, the fashion design made the T shirt under good faith, sold it to Lowes who then produced the TV ad all in good faith? Clearly, the photographer's rights have been infringed, but I'd imagine that it would take a lot more legal untangling to sort out the mess...