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Toyota and Saatchi Used Images From Flickr Without Permission

By Jim Edwards | Nov 6, 2009

Toyota (TM) and its ad agency, Saatchi & Saatchi, have been accused of stealing photos from Flickr for use on a web site for the Toyota 4Runner. Toyota has apologized, according to PDN:

Toyota apologizes for pulling images from Flickr without photographer permission. Images from a handful of photographers appeared on a Toyota site for five days. We’re working quickly to reach out to the individual photographers involved. Until then, the images have been removed, and corrections have been made to the process of pulling images from Flickr.

The snafu reveals a structural problem with agency hiring: Agencies often prefer very young creative staff, often under 30 and certainly under 40. But young ‘uns who grew up with the internet often erroneously believe that material published on Flickr is either “free” or in the “public domain” and can be used without permission. The images in question were not published under the Creative Commons function on Flickr, which designates copyright-free material.

It’s the second time recently that Saatchi has gotten into trouble on the Toyota account. The agency was sued by a woman who said she was “terrorized” by a hoax campaign for the Toyota Matrix.

About 40 images were used without photographers’ permission. One of the photogs, Snorri Gunnarsson, had a dramatic photo of the sea swirling around some rocks at sunset. He said on his blog:

… when big corporations and well known ad agencies that of course have their own work copyrighted to the teeth, start behaving like kids on Pirate-bay, then that is just too much. This is not a case of fair use or for educational purposes, this is just to sell a car. Nothing wrong with selling a car, but then I also want to get paid for the use of my image.

Flickr user Jakerome identified over 40 Flickr images used on the 4Runner site and compiled them in three galleries. Another snapper, Stuart Zero, said he’s in touch with Saatchi about unauthorized use of his work.

It was the second time this week that Saatchi was accused of being less than original in its creative work. Apparently, there’s some controversy regarding its international image work for the Kosovo government.

Here are a couple of the ads and the Flickr images that were taken for them:

Image of bears by Michael Calanan.

Image of the sea by Snorri Gunnarsson.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

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  •  
    1

    NU_Husky_91

    11/06/09 | Report as spam

    RE: Toyota and Saatchi Used Images From Flickr Without Permission

    Jim

    Creative Commons is not copyright free. I use creative commons but it only allows it for non commercial purposes, it requires that I be attributed and it may not be changed. Further creative commons while allowing use does not transfer copyright to the person who uses it nor does it keep me from going after people for copyright infringment

    http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode

  •  
    2

    BNET's Jim Edwards

    11/08/09 | Report as spam

    RE: Toyota and Saatchi Used Images From Flickr Without Permission

    Under the advanced search option in Flickr:
    http://www.flickr.com/search/advanced/

    There's a search labelled:

    "Find content to use commercially"

    Jim

  •  
    3

    Tstrickman

    11/10/09 | Report as spam

    RE: Toyota and Saatchi Used Images From Flickr Without Permission

    I?ve seen this story covered on many different sites, but one thing that is consistently mentioned is how copyright, trademark, or other intellectual property infringements are more prevalent with the younger generation (e.g., under 30). I would like to submit it has been my experience that even seasoned professionals occasionally roll the dice on intellectual property usage. Also, in these budgetary restricted times it is becoming more common for a client to insist on using a $10 image rather than a $210 image or free images that they ?own? without any regard to the higher legal risks and ramifications that could easily outweigh the cost ?savings.? I don?t think that there are many people (clients, artists, marketers, designers) who care to learn the basics of intellectual property (http://blog.oden.com/blog/oden/0/0/marketing-design-and-intellectual-propertyoh-my) unless it is in the context of how to protect their own work and not necessarily the works of others.

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