Buying Graphic Art from Stock Photo. Big NO NO?

CaptFinnCaptFinn Member Posts: 1,828
edited November -1 in Working with GS (Mac)
Every site I go to that sells all types of artwork. iStockphoto and other site similiar all have some "Fine Print". Every Site I went to, the normal licensing price that comes with the advertised price does not cover what we are using these graphics for. In example I find these types of conditions listed in the normal advertised liciensing.

Example:
(g) You must not incorporate the Work in a work which is created for Resale by you or your client.

(h) If the Work is used or incorporated in a work there is no restriction on the number of copies of that work that can be reproduced and distributed (provided the use/incorporation remains a single application and the copies are not for Resale).

These Site allow you to purchase different licenses that allow you to use these graphic the way your wanting to use them. But the price for those types of licenses are much more than some would want to spend. So when you go to a site to purchase some nice avatars are a cute penquin to be on the splash screen. Make sure you bought the correct license of use. If not you might receive a unwanted letter in the mail from a artist lawyer.

Comments

  • tenrdrmertenrdrmer Member, Sous Chef, Senior Sous-Chef Posts: 9,934
    I think that is if you art making other art work not placing in a game. They are talking about you cannot take that art add to it and sell it as your own.
  • CaptFinnCaptFinn Member Posts: 1,828
    from those 2 listings it sounds to me that you cant take the artwork and place it into your work for resale. Example: Taking a image of a Super hero Penguin in a cape and mask. Tanking it and using it as your main avatar hero in your game. Make the game and resale it on itunes.
  • CaptFinnCaptFinn Member Posts: 1,828
    Jeffnichols said:
    from those 2 listings it sounds to me that you cant take the artwork and place it into your work for resale. Example: Taking a image of a Super hero Penguin in a cape and mask. Taking it and using it as your main avatar hero in your game. Make the game and resale it on itunes.

  • tenrdrmertenrdrmer Member, Sous Chef, Senior Sous-Chef Posts: 9,934
    What exactly would you use the art for then. Your personal viewing? They are talking about modifying the art and reselling the art as your own.
  • CaptFinnCaptFinn Member Posts: 1,828
    I have a app on itunes. The image of a professor is used in my app. I found the image at a stock photo place. For legal reasons I called and asked. I told them what I would be purchasing the image for. I was told that for what I was using it for I would have to purchase a completly different license. So I did my own research and found the actual artist who drew the image. I made and arrangement with the artist and not the site to draw me a image just like the one he had on the site. I made personal arrangments with him so that I would buy full rights of the image. I bypassed the middle man " website " all together. I have first hand experience with this.

    Image I refer to is on itunes under Billiards 101
  • CaptFinnCaptFinn Member Posts: 1,828
    I simply suggest that you call the website and actually speak with one of their licensing department agents. Direct them to the image you want to use. Explain to them the type of publishing you wish to use the image in. Ask them what license that type of use falls under and its pricing.

    If you dont like what you learn. Do what I do and ask for the contact information of the artisit. And go from there.
  • tenrdrmertenrdrmer Member, Sous Chef, Senior Sous-Chef Posts: 9,934
    Well sounds like you have it all figured out. Good for you. I don't use the stuff from stock sites but i'm saying what is the $1 fee for then so you can display it on your personal computer. no its to place on web sites and in software.

    Keep doing it your way
  • CaptFinnCaptFinn Member Posts: 1,828
    Read the Licensing page of those sites. They go into deep detail with examples. And most have 3 to 4 Different types of licensing. Each allowing and not allowing certain types of actions. And the 1$ price they show on the main pages for the images. Fall under the "Basic Licensing" package. the other licensing packages will have different price listings. All Im saying is. Dont go there and buy a image for a buck. Thinking you automatically purchased the correct licensing rights to the image. That 1$ license you bought basically allows you to use the image in a publication that you are not selling. Example: Brochures, pamplets, website. Now if you take that image with a basic package. And have the image printed on 1000 coffee mugs and sold the coffee mugs for 5bucks a mug. and sold them on a website. Thats a NO NO.
  • expired_012expired_012 Member Posts: 1,802
    I remember someone contacted the guys at istockphoto and they said you can use them for commercial purposes as long as its not used on a logo or splash screen or something like that.

    It would be a bummer if it wasn't allowed because I already spent a ton of money on some art there in which ill be using in my game. I did contact the artist though to get some more custom work done, so i'll have to email her today and ask.
  • CaptFinnCaptFinn Member Posts: 1,828
    They wont let you use the work on their site as the Main iconic image of your software or app or company as a logo that represents you. If you did use one as a logo that represents your company or game or software. Then someone else did. Then that would become a big legal issue between 2 companies. Like when Jaguar Car sued Carolina Jaguar football team many years back. Or say the creator of angry birds found his angry red bird on istockphoto and paid 3 bucks for the image and now that image is a worldwide icon. And someone at gamesalad wanted to pay 3 bucks as well and use that bird in a childrens learning game and used the bird on its splash screen along with the games title.
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