apartment therapy changing the world, one room at a time

The image at the top of this entry:
http://www.apartmenttherapy.com/images/uploads/9-5-baby.jpg

is of a minor child and is used without a model release for apartmenttherapy.com. Permission was not asked to display it here. It is copyrighted and all-rights-reserved. Please remove it from this entry and your site immediately. Thank you!

fair use?

Actually, it isn't fair use. This photo does not link back to the original one posted as per the guidelines of the site it was posted on nor was permission granted to use the photo.

Thank you for promptly removing the image - I very much appreciate it. Fair use does not apply. The image is labeled very clearly on Flickr and my professional site as "© All rights reserved". As mentioned in the comment above, taking an image from Flickr and uploading it to your own server and without a link to the original Flickr entry violates the usage agreement regardless -- be it an "all rights reserved" or "Creative Commons" image.

From Flickr:
http://www.flickr.com/help/website/

"If they are properly using the Flickr API and abiding by the requirements, the photo as seen on the page will link back to the photo page as it is found in your photostream and it will be for non-commercial use. The actual image itself is not hosted on that site..."

My image was being hosted here, was not linked directly to the Flickr photo page, and this was most certainly 'commercial use'.

Thanks again for promptly removing the image!