I'm very confused. I have an app that does more than just display pictures, but I do have ONE tab that displays pics from flickr (through their api). When you sign up for a flickr key you have a non-commercial key and a commercial key. Obviously if I'm selling my app, we would assume that we need a commercial key. But then again, this is what their non-commercial key states:
Quote:
Choose Non-Commercial if:
Your app doesn't make money.
Your app makes money, but you're a family-run, small, or independent business.
You're developing a product which is not currently commercial, but might be in the future.
You're building a personal website or blog where you are only using your own images.
Second, since I'm pulling in thumbnails, and it displays photos related to the search term, and my app does not allow the person to share or download the image, I don't see any problem.
Third, I'm not selling the pictures, I'm selling a one-time fee to download my software, which I solely created, that displays content that uses several api services that prevent direct sales of api source code or functionality (like youtube not allowing you to charge to upload a video, or rate a video).
My argument is that I don't belive to be infringing anyone's rights if I'm following the terms of services and am not charging for the content directly but for the interface and packaging.
I actually lost a contract because the business owner figured we needed a commercial license, which turned out to be hard to get. So he never figured it out, so I never did any work for him.
But I went and looked at it right now, and unless you are working for a major brand, I think you are entitled to get a non-comercial license. And I think you're app is probably fine, as long as you are only charging for the app itself, and not charging to make something out of the individual pictures. But I'm not a lawyer, so take it with a grain of salt.
I actually lost a contract because the business owner figured we needed a commercial license, which turned out to be hard to get. So he never figured it out, so I never did any work for him.
But I went and looked at it right now, and unless you are working for a major brand, I think you are entitled to get a non-comercial license. And I think you're app is probably fine, as long as you are only charging for the app itself, and not charging to make something out of the individual pictures. But I'm not a lawyer, so take it with a grain of salt.
Thanks Jason see that's what sucks about all this. You could always argue something in either way. How can you say you're not selling the content in the app but the way you're packaging it. For example let's say I had an app that pulled videos from youtube concerning John Doe, and pictures coming from Flickr. If I'm not violating any of youtube's api rules or flickr's for such matter, what should one do if John Doe's agent want's to sue you, when you're not breaking any rules.
Flickr API?
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