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Hey, Isn't That . . .

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While Wong had agreed to make his snapshots available through Creative Commons, a nonprofit that licenses photos for Flickr, he didn't anticipate commercial use, says Ryan Zehl, the attorney and spokesman for both the Chang family and Wong. Additionally, Zehl says, the license had required Wong to be attributed by name, which he was not. He and Alison, now 16, learned what had happened only when another Flickr user forwarded Wong a picture of the ad.

They're all suing Virgin Mobile Australia -- the Changs claiming Alison's violation of privacy and Wong claiming the company's failure to credit him properly.

Understanding cases such as the Changs' requires a crash course in copyright law:

Photographers (even amateur ones) automatically own the rights to their own work (even online). That means others can't use a photo without permission.

But sometimes, through "fair use," it actually is okay to use a photo without permission. Fair use can include scholarship or parody, and is determined by a number of criteria.

Further: sometimes, individuals such as Wong can decide to give away just part of their control. For example, permitting use of a photograph as long as the source is credited.

It's all doubly muddled online, where images can be thoughtlessly taken with one mouse click, such as when thousands of boys made screensavers out of high school track star Allison Stokke's photo and never once asked, "Legal?"

Clearly, the only way to really make sure your photos on the Internet don't get splashed around is not to put them up there to begin with.

In some ways the more interesting question for this corporate breed of photonapping isn't "Is it legal?" but rather, "Why does it sting so badly?"

For Niall Kennedy, the issue was hypocrisy -- the casual smugness with which corporations seemed to say, Copyright? What copyright? Kennedy had snapped photographs at a technology convention in late 2005 only to see one suddenly appear, without proper crediting, on a Microsoft-run blog.

"I've had audits where Microsoft has sent people to verify that I have copyrights for the software running on each employer's computer," says Kennedy, who once worked for Microsoft and now runs a Web technology firm. "This is a company that goes after copyright violators with the assumption of guilty until proven innocent."

The original blogger later posted an online mea culpa: "I forgot to include an attribution, which I had fully intended to do, but for which I apologise [sic] to him." Microsoft did not return calls seeking further comment.


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