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Father and son surf lesson in Morro Bay, CA – image by Michael “Mike” L. Baird
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Image by mikebaird
Father and son surf lesson. Scenes from near sunset at Morro Rock in Morro Bay, CA, 30 Nov. 2008, during big 14′ swells when many people were out watching the wave action. This little grom ripped these swells like an expert. Photo by Michael "Mike" L. Baird bairdphotos.com, Canon 5D w/ Canon EF 100-400mm f4.5-5.6L IS USM Telephoto Zoom Lens handheld.

One of several images requested
www.flickr.com/photos/mikebaird/3072645479/
www.flickr.com/photos/mikebaird/2127310513/
www.flickr.com/photos/mikebaird/2128093018/
re: 09 Jan 2010 Creative Commons use note: Reply: Dana H. Glazer dhglazer {at} gmail d o t com, That’s a great project. I’m always very happy to contribute to these things. dhglazer@gmail.comhttp://www.flickr.com/people/mikebaird/#credit answers all questions about attribution, but I’m happy any way you want to do it as I know consistently is essential. Best Success in your ventures – I’m impressed w/ the YouTube Video and your www.evolutionofdad.com/ site – the world need more like this! dhglazer@gmail.com – From: Dana via Flickr To: Baird, Michael – Subject: [Flickr] The Evolution of Dad Documentary Project reaching out to you – :: The Evolution of Dad Documentary Project reaching out to you. I recently discovered the amazing photo you did, titled "Father and Son Surf Lesson," and wanted to invite you to have it be included in a feature documentary that I am making. My project, “The Evolution of Dad,” explores the changing role of fatherhood in a way no other documentary has previously. The goal of the film is to instruct and inspire dads to get more involved with their kids – something I believe can change the world. The film has already been mentioned in Time Magazine and a related video was #1 on YouTube for Father’s Day. More information about the project can be found at www.evolutionofdad.com. The beginning of the film will be a collage of pictures relating to fatherhood and your photo would have the possibility of being featured there. While there is no monetary compensation, if included in the film, your picture will be viewed by a great many people and you will be credited at the end of the film. If you are interested in taking part in this project, write back and I will share with you the next steps in the process. Please email me directly at dhglazer {at} gmail d o t com. Thanks for your time. Looking forward to hearing back from you. Sincerely, Dana H. Glazer, Director, The Evolution of Dad Project – www.evolutionofdad.com
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02 May 2010 CC use request, approved:
Subject: Permission to use your photos; Date: 3rd May, 2010; Hi Mike,
I am the coordinator of a project being conducted by the Freemasons Foundation Centre for Men’s Health (FFCMH) at the University of Adelaide (Australia) in collaboration with scientists from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and the University of South Australia. Our project is a health promotion program specifically designed for men and comprises four principal components: healthy eating, physical activity, sleep, and stress management. The project team is aware of several of your photos on Flickr under the Creative Commons Agreement. We believe two of your photos (below) would be extremely valuable to include in the cover one of our print materials, the GIRTH Physical Activity Program. A. Father and son surf lesson www.flickr.com/photos/mikebaird/3072645479/
B. Father-daughter joggers on Morro Strand State Beach, Morro Bay, CA www.flickr.com/photos/mikebaird/2626778991/
The booklet is a physical activity program for men incorporating aerobic and resistance activities and reduction of sedentary activities. We aim to present physical activity as something not solely focused in a gym. I am therefore writing to request permission to use the above photos. We will of course acknowledge you in the booklet.
I hope to hear from you. With thanks and kind regards, Doreen. Doreen Salon, Project Co-ordinator, Freemasons Foundation Centre for Men’s Health, School of Medicine, P.O. Box 498; The University of Adelaide, AUSTRALIA 5005
Ph : +61 8 8313 0532; Fax : +61 8 8313 0355
e-mail: doreen d o t salon [at} adelaide d o t edu d o t au
The University of Adelaide, AUSTRALIA 5005

13 May 2010. Creative Commons use discussions have been going on re: "…use of this image on the cover of a quarterly magazine for the clients of ‘Era’, one of polish mobile network services provider. We like the image because it perfectly suits the summer issue. The magazine contains mailny so called ‘free-style’ texts, which means articles about interesting places to visit, hobbies, music, technology etc, and amongst them of course Era’s new offers for the clients (it’s something like the airline magazines you usually get when you fly).
The image would not advertise anything specific, it’d be the cover. However, since there are people in the photo, I’m not entirely sure whether the above use would be possible/allowed when it comes to the publicity rights, I’m aware you don’t have the models release to use the photographs publicly."
I (Mike Baird) replied: "Hania, I would personally interpret this use not to be strictly "editorial" since it is in a promotional vehicle intended only to advertise and promote the Era service, and it could be interpreted that the people shown here, especially on the cover, are happy users of and/or recommend that service. Thus, if I were the publisher I’d want a model release which unfortunately is not obtainable for this image. This is why iStockphoto, for example, will not buy these images from me without such model releases. Having said that, many people do use my images in similar ways. It all depends on how much business risk you want to take. I’m fine with you using it, but I can’t speak for the models. As I understand the law, any liability rests with the publisher and user of the photo, and not the photographer or taker of the photo.
Please do send me a copy of the magazine after it is published if you decide to assume that risk and use it anyway.
I agree it would make a great cover."
Potential Publisher has thus been apprised that no model release can be obtained or granted… and that in such use the publisher would have all liability.
Ref. Era contact is Hania Danielczyk [Novimedia CP] <h.danielczyk {at} novimedia d o t pl
Note that no compensation would be received by the photographer… and I (Mike Baird) explicitly distance myself from this proposed Creative Commons use.
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