102 messages
 1. Feb 24, 2007 11:41 PM admin | =============================== PHOTO USAGE / RESTRICTIONS INFO =============================== So what are all those restrictions and for what purposes can I use these pictures legally anyway? This is a question that is asked many times, so I put this document together which is basically based on our Image license agreement ( http://www.sxc.hu/help/7_2 ) and various sections of the Help ( http://www.sxc.hu/help/ ). WHAT CAN I USE THESE IMAGES FOR? The images on SXC can be used for all sorts of purposes without any problems. You can use them to create website designs, illustrate your blog, spice up your multimedia presentations, set them as wallpapers on your computer, include them in broadcast film and video; you can also use them in books, magazines, brochures, flyers, CD/DVD covers; you can decorate your home, office, restaurant etc. with them and so on. Since it's impossible to list all the permitted uses, I'll try to explain what's allowed from a different approach. The images you can download from SXC for free are shared by generous individuals who would like to help you out so you can make something really nice with them. Using the pictures in a design, illustrating an article, making a book cover is OK, but - and here comes the important part: You MUST NOT sell or distribute the images in any way. You MUST NOT create printed reproductions, put them on Cafepress-like "print on demand items" or do any other similar activity that does not require any effort from your part. In other words, you are not allowed to use the images for projects where the object of sale would be the images themselves. For these types of projects you must get written permission from the artists, because if you plan to distribute their work without their consent, you're going to get yourself in big trouble. ( Important: This is just a summary of the License agreement. For the exact wording please go to http://www.sxc.hu/help/7_2 ). WHAT ARE THESE RESTRICTIONS AND WHAT DO I DO ABOUT THEM? It's important to know that we do not own these pictures, we just host them. To protect the work of our contributors, we have 4 types of restrictions: 1. Standard restrictions apply You simply have to obey the rules of the License agreement ( http://www.sxc.hu/help/7_2 ), which is basically about using the pictures nicely, not putting them on porn sites, not selling them etc. Should be simple. 2. User must be notified upon use You have to drop a few lines to the artist that you are planning to use the image for something. This does not mean that you have to wait for the artist to reply, and you are not required to ask for permission either. 3. User must be notified and credited upon use This is the same as the above, but you must give credit to the artist as well. 4. Written permission needed from the user If you try to download an image like this you get prompted with a permission request form that you need to fill out as accurately as possible. You can check the status of your permission requests at My account / Requests. You can also have a forum-like conversation with the artists there. Once you get the permission you can download the photo like any other on the site. Please note that we have no control over the artist's images, e-mail accounts and response time so we cannot guarantee that all of them will get back to you in a timely manner or at all. HOW CAN I MAKE SURE THAT I DON'T GET IN TROUBLE? Since we cannot guarantee the legality of all the images on the site, depending on the nature of the work sometimes it may be a good idea to contact the photographer and request written permission even if it's not necessary. However - as I mentioned earlier - we cannot guarantee a (timely) response. WHAT IF I HAVE A QUESTION THAT ISN'T COVERED HERE? You can try the - License agreement: http://www.sxc.hu/help/7_2 - Help (Downloads section): http://www.sxc.hu/help/2 - FAQ: http://www.sxc.hu/help/8 or - Contact the photographer - Post a thread in Policy questions Good luck with your projects! |
 21. Jul 14, 2007 12:47 AM birdy | ok, I read over the articles and the comments... but I still don't get something- please bear with me if I'm being dense. I'm an illustrator and would like to use several photos for reference material. The resulting artwork would not use the original format in any way (i.e. it would be a painting/drawing and would not include the photo). My style is somewhat realistic so in some instances the original subject would definitely be recognizable. My question is this: can I then sell the illustration to a publication without worrying about legal issues with the photographer if the photo is marked "standard restrictions apply"? Thanks, Leesa |
 22. Jul 15, 2007 1:02 AM xymonau | Ads in newspapers are fine. Just abide by the conditions of use on the photo itself. Redistribution means offering the image for use by other people. That is not what an ad is. And you can use the images commercially. Read the terms of use carefully. |
23. Jul 15, 2007 1:55 AM birdy | Thanks but I did read the license info and it's not clear, which is why I hope to get some clarification here. I'm not talking about newspaper ads. What I mean is that I would illustrate a person and potentially sell it to an art director at a magazine to use in editorial work. My confusion stems from the fact that I would be selling the work in a recognizable form, which would then be sold to magazine buyers. And about advertising- the license says "You may not use the Image... To endorse products and services if it depicts a person." How can I use the image commercially if it includes a person?? If I do an illustration using a person in a photo found here and it is then used to sell a perfume or whatever, isn't that what this line refers to? |
24. Jul 15, 2007 1:17 PM xymonau | Okay, selling the image on to be used over and over again, rather than using it in a project, requires permission. You didn't mention people, but there are clear issues about people being used. The simplest thing is to ask the copyright holder for permission and ensure there is a model release provided. |
 25. Aug 7, 2007 10:30 AM liquid008 | Recently I used one of the images here...a jeans photo. But soon my company recevied a lawyer letter from company A stating that the product in the photo was theirs despite the uploader photoshoped the label. So what I wanna know is if a photograher shoots some product then the copyright of the photo belongs to the photograher but because of the copyrighted product being photograhed so the product company still has a say in the usage of the photo is it??? |
26. Sep 20, 2007 4:05 PM Marrcell | One simple Question: #22 said, that an image could be used commercially. the terms of use dont even mention term 'commercially'. I understood the part with 'You may not use the Image'. is it allowed to use a restriction free picture in a unique design, where its not the only/main component and sell it afterwards? What is the definition ob web template? Any Website / Design, or mass production? |
27. Sep 26, 2007 10:09 PM Martink21 | Okay I am fucking confused here :D Let me put it out simple... I found two pictures here on SXC - a skull and an orb-thingy.... I am planning to make a band t-shirt design - and we would like to sell it to our fans. Our band-name is already a "brand" and is to be found on the front of the shirt, and the images found here would be parts of the back-print along with some text and effects. The skull is the main component in the picture, and the orb is in the background with shitloads of photoshop glow effects, different colors etc.... both would be recognizable. Is this legal? |
28. Nov 22, 2007 10:18 AM nahar73 | I'm a freelance and I like to use this picture (#809903) not fully picture, just a part of it in the Hoarding Board design. Is this legal ??? |
29. Nov 29, 2007 1:17 AM crazy2 | I am a bit confused here - am I right in thinking that I cannot use these images in a screensaver that will be sold over the internet? |
 30. Nov 30, 2007 12:48 AM dlritter | @29 Hello Debbie, I believe the use you describe would be considered redistribution. This is addressed in the SXC Image license agreement. http://www.sxc.hu/info.phtml?f=help&s=8_2 --- All Images on the Website are copyrighted and they are the properties of SXC or its Image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement and the restrictions specified at each Image. We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement and on the Image preview page FREE OF CHARGE. You may use the Image • In digital format on websites, multimedia presentations, broadcast film and video, cell phones. • In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc. • Along with your corporate identity on business cards, letterhead, etc. • To decorate your home, your office or any public place. You may not use the Image • For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures. • To endorse products and services if it depicts a person. • In a way that can give a bad name to SXC or the person(s) depicted on the Image. • As part of a trademark, service mark or logo. • SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS! Always ask permission from the photographer if you want to use the Image • In website templates that You intend to sell or distribute. • For creating printed reproductions that You intend to sell. • On "print on demand" items such as t-shirts, postcards, mouse pads, mugs (e.g. on sites like Cafepress), or on any similar mass produced item that would contain the Image in a dominant way. |
31. Jan 15, 2008 4:28 PM parisvas | Hello everybody just a question: although I have choosen "User must be notified and credited upon use" restriction for every photo I uploaded so far, the "Standard restrictions apply" results for them. Is it normal? I guess that noone respects the "User must be notified and credited upon use" restriction. Anyone have DLs for images with this restrictions and requests for usage? Thanks in advance Panos |
32. Mar 22, 2008 5:01 AM tuscannysu | If I'm using part of an image to create a pen and ink illustration, and I sell my illustration is it considered redistributing the image? |
33. Mar 28, 2008 5:26 AM xymonau | @31 - A download doesn't mean the image is being used, just looked at. So, although people may have used your image and not told you, that doesn't mean it has happened for every download. The only way to ensure you know about every pic used is with the written permission restriction. @32 - Yes, I think it is technically redistribution, and you should ask the owner of the image. It's courtesy, anyway. |
34. Apr 10, 2008 11:37 AM gad12 | If I make a website for my client could I use fotos without asking? For example I make one website and sell it for one client, or sell it on ebay one time or on another service one time. I'm not thinking about web templates, but about one website for client. Thanks |
35. Apr 24, 2008 6:36 AM kathy810 | Hi I have read the Terms of Use carefully and have read through questions and answers, but I would just like to be absolutely sure about e-book/digital reproduction. We are producing an e-book on an internet marketing topic and would like to illustrate points with images. The pics would not be used on the sales page or in any marketing, just to illustrate points in the copy in the e-book. Printed reproduction is mentioned, but not e-books. Is it OK to use images in the e-book? Thank you. Kathy Edited on Apr 24, 2008 6:53 AM |
36. Apr 25, 2008 3:57 AM xymonau | I think no-one is reading the very clear rules. If an image is an illustration on a web site or in a book - therefore also an e-book, then it is okay to use. @34 - Selling a website one time, then one time, then one time is a template. You may not create a template of a website and then sell it on ebay unless you have the photographer's permission. Being hired by a company to design a unique website for them is an entirely different thing. And what is the big deal with asking the photographer? We don't bite. The worst we can say is "no". Edited on Apr 25, 2008 3:58 AM |
37. Jun 1, 2008 1:19 AM Chibeli | I'm an artist who works primarily with colored pencil, and I'm looking for photos to serve as a basic image for my artwork. Does this violate the terms of service? Edited on Jun 1, 2008 1:20 AM |
 38. Jun 2, 2008 3:14 PM mlpotma | Has anyone tried to contact the owners of the website www.worshipmediapro.com? They are selling packages of still photographs to be used as projector backgrounds and many of the photos are unaltered photos from SXC. In a case like this, is it the job of the individual photographers to go after the website or does the admin of SXC get involved? The website owner must be a member of SXC in order to have downloaded the pictures in the first place. None of my photos are involved, but it bothers me that someone is essentially ripping off churches who don't have large media budgets to start off with by charging them for photos that are available here for free. My 2 Cents, ML |
 39. Jun 2, 2008 11:18 PM jevvv | The whole reason I originally came to SXC was to find images I could use for church backgrounds... legally :-) |
40. Jun 2, 2008 11:18 PM xymonau | @37 That's reproduction. Any form of copying in any material requires the permission of the owner. @38 - That's illegal. I hope admin reads this. Maybe it would be best if you click on "Contact us" at the bottom of this page and tell him directly. A lot of images are illegally sold on EBay. I'd never buy from there. Since we have had big problems there in the past, it is best if admin handles this, I believe. Thank you for posting. |
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