This site is
amusing me tonight. The premise is simple: take a stock photograph, add a caption. In this case, the sort of condescending look on the guy's face really works. As the site says: "Look, I wasn't around when all that bad stuff happened. All I know is I got to where I am solely by hard work. Discrimination? I'm not going to listen to this. You obviously can't hear me: my reality is the only reality." People have submitted their own creations (links at the site), on the order of "Gay pride? What about straight pride?" and "Why do women complain about being approached on the street? I'm a man, and I'd love to be harassed on the streets by random women."
Here's what I came up with:
I am the owner of the photo depicted on your post
ReplyDeleteIt is a stock photo and can be purchased at http://www.istockphoto.com/
The buyer of the photo who has uploaded it to memegenerator voilated the Content License Agreement
You can view it here: : http://www.istockphoto.com/license.php
You cannot simply use a stock photo image as you wish.
The issue in this case are the following phrases from the Content License Agreement:
Point 1: From 4.a.7:
"{...} use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (b) except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, {...}"
The picture is being used in a manner that any reasonable person would believe that the model depicted personally endorses a specific cause. If you read further this is only allowed in social issues if it is clearly indicated that the person is a model and is not related to the messages being communicated.
The picture appearing on memegenerator is not being used correctly, since it is being used in relation to social sensitive issues and there is no indication anywhere that the person depicted on the picture is a model.
Point 2: From 4.a.6:
"{...} or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; "
The person depicted in the picture is being brought into disrepute. In this particular case many people have been insulting the model because they believe the model is endorsing those phrases. You cannot see this anymore because tumblr has already removed the content.
My image agency iStockphoto is looking into the issue. I kindly request you to remove the images from your website since they are not inline with the permitted use of this particular image.
Please inform me when you have taken action.
Best regards
Luis