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IStockPhoto license agreement


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#1 jlinds72

jlinds72

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Posted 20 April 2004 - 04:29 PM

Hi all -

IStockPhoto, which of course is used by alot of members on here, have revised their license agreement (this may not be new to some of you, I know), and I thought it was an important thing to list here. In particular, I think that items a & d were of the most relativeness as far as prohibited uses, as sometimes people feel that since they're marked as "royalty free", that stock images can be used freely. In short, although you are allowed to use these stock images in your own website (with certain restrictions outlined below of course), the importance is if you're designing a website template, it does not permit you to incorporate their images within it if it's designed for resale.

Their license agreement regarding prohibited uses are copied from their site below:

PROHIBITED USES:

4. You may not do anything with the Content that is not expressly permitted. You may not provide a copy of the Content, or any portions thereof, to anyone or allow anyone to gain access to the Content, or any portion thereof, except as permitted above. For greater certainty, you may not:

(a) use the Content in design template applications for resale, including, without limitation, website templates, flash templates, and brochure design templates;

(b) display the Content on websites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites as well as sites such as CafŽ Press (i.e. www.cafepress.com));

© use the Content in any posters (printed on paper, canvas or other mediums) or other items for resale;

(d) use the Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

(e) incorporate the Content in any product that results in a re-distribution of the Content (such as electronic greeting card web sites);

(f) use the Content in a fashion that is considered by iStockphoto Inc. (acting reasonably) as pornographic, obscene, defamatory or libelous in nature;

(g) use any image in the Content that depicts a person to endorse a business, product or service;

(h) use any image in the Content that depicts a person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, contraband or crime;

(i) to the extent that source code is contained within the Content or accompanying materials (if applicable), reverse engineer, decompile, or disassemble any part of such source code;

(j) remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Content or its accompanying materials;

(k) sub-license, re-sell, rent, lend, or otherwise distribute the Content;

(l) post a copy of the Content on a network server or web server for use by other users; or

(m) transfer the rights to the Content or accompanying materials (if applicable), except as specifically provided for elsewhere in this Agreement.
Jenn Lindsey - Freelance Graphic Designer
"To live a creative life, we must lose our fear of being wrong" - Joseph Chilton Pearce

My website: jennlindsey.com

Please review the new rules for DesignContest.net here

#2 simplistik

simplistik

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Posted 20 April 2004 - 06:57 PM

LoL, so you can't use it for print... you can't use it for web.... what do they want you to do? Stare at it? What is the point of even getting things from that website, if you can't even use them.

www.beyondthepixel.com - a multimedia affair
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#3 jlinds72

jlinds72

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Posted 20 April 2004 - 07:10 PM

Actually, you can use it for print, and for web - but not if it's used in something that you're going to actually make money off of - such as an actual Poster (not a poster for advertising - but like a poster you would buy to hang on your wall..... or at least would if you were a kid....lol). As far as web use - you can use it if you're using it on your own website, or a website you're designing for an actual client - but not if you're using them in templates that are used for resale.

Guess all in all this leaves alot of gray areas...... I used to think that royalty free meant just that - royalty free. The photographer was posting their images to be used at will...... but that's just not the case.
Jenn Lindsey - Freelance Graphic Designer
"To live a creative life, we must lose our fear of being wrong" - Joseph Chilton Pearce

My website: jennlindsey.com

Please review the new rules for DesignContest.net here

#4 Shyflower

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Posted 20 April 2004 - 08:26 PM

Looks like "K" just about washes them out of the design world :( I'm glad I've nearly used up my account there. Too bad, though.

#5 Kanadian

Kanadian

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Posted 17 May 2004 - 09:24 AM

Wow. That's going to affect a lot of designers. I wonder how hard they will actually hunt for TOS benders.

#6 Neupix

Neupix

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Posted 17 May 2004 - 10:10 PM

http://www.sxc.hu

Royalty-Free, no need to pay, and thousands to choose from. The original photographers may set restrictions, but many are fair game and can be used however you like.
Neupix Media | Nip Napp! < iPhone App Reviews and News | Citrik Acid




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