stopped Commercial Orphan Works Exploitation in the UK Digital Economy Bill Clause 43

The Floating Voter

Some people just can’t make up their minds. At first, this girl seems to be a confirmed DUP voter:

But later, she appears to change her mind and support the Conservatives & Unionists instead:

That’s assuming, however, that she is actually eligible to vote in the forthcoming UK General Election because she might be Californian, or even French. Such are the dangers inherent in using microstock photographs.

UPDATE: The photographs used in these posters were shot by Peter Chen. Although they are model-released, their use in political advertising is in breach of iStockPhoto’s terms and conditions, which state:

3. Permitted Standard License Uses

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).

4. Standard License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:

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”

Sadly, we see here yet more abuse of copyright and misrepresentation of people in photographs, to accompany these examples:

The background image in all of the above posters is owned by Kudos Film & Television, who have stated to us that they have not licensed it to anyone for political advertising purposes.

Proposals for “orphan works licensing” in Clause 43 of the Digital Economy Bill, which in its dying days the last Government declared its intention to revive, would have allowed any Political Party to use almost anyone’s picture for this political avertising purpose, whether or not the individual depicted agrees with that Party’s policies, and thereby misrepresent them.