iStockPhoto Subscription

Hi, does anyone have a subscription to iStockPhoto ?

I don’t, but in case you don’t know: iStockPhoto (along with all other stock providers) always have a restriction of use in their license which disallows the sub-licensing of items. Meaning that in case you were thinking someone with a subscription could give you an image for money (or free), they can’t. It would violate the license agreement (and subsequently the copyright on the work). I’m guessing that might have been what you were after (though I might be wrong) :slight_smile:

There is always someone trying to put a wrench in things !!!

I think you may be wrong, if the image is royalty free, it doesn’t matter.

This is from istockphoto’s agreement…see the License restrictions at the bottom of the page

http://www.istockphoto.com/license_comparison.php

What the hell?

I can’t use any of their artwork to create a logo?

Use in any logo or trademark

That seems a little restrictive…

I agree. I have been know to re-create something I see. Take a screen cap, then bring it into Illustrator to trace over it with the pen tool, and make slight changes to color, shape, or whatever.

Every royalty-free file licensed on iStockphoto includes a free Legal Guarantee. This is our promise that content, used within the terms of the license agreement, will not infringe any copyright, moral right, trademark or other intellectual property right or violate any right of privacy or publicity.
.

If anyone cares to get down to the nitty, gritty.

Do you understand this to mean that iStockPhoto customers are permitted to freely distribute royalty-free content for anyone else to use?

The purpose of the Legal Guarantee is to protect you against any claim that content obtained from them infringes a third party’s rights.

For example, if you used an iStockPhoto pic of a sheep and someone contacted you claiming he had exclusive rights to the pic, then the Legal Guarantee would protect you to the extent specified.

Which has nothing to do with this thread…

It’s saying that if someone (e.g. Getty images) comes after you saying that the image is their property that iStockPhoto will defend you in the case of lawsuits and if I remember correctly, pay up to the first $100,000 awarded in any successful lawsuit against you.

Wrong, if you read the license properly it expressly forbids such licensing of content.

License restrictions
Here is what you cannot do with either a Standard or Extended license:
Prohibited uses for both Standard and Extended license
Sub-license, give away, share or otherwise transfer stand-alone images/files

I actually read their license before making assumptions, and trust me these providers of royalty free media will protect their assets with severe action if someone infringes the license. Royalty free does NOT mean you can use it for whatever you want. Royalty free ONLY means you can use the works without paying additional licenses for each time you use the work (the key point here is you don’t actually own the images you pay for… you are simply licensed to use them for your own projects). Most licenses require you to pay EVERY time you use the item (like radio stations do every time they play a song on the radio). Royalty free means you have been granted a non-exclusive license to use the paid for item in multiple works (as long as they are the ownership of the licensee).

The reason you cannot use it within a logo is because you don’t own the work (you are licensed to use it), making a logo (or trade mark - registered or otherwise) would be automatically claiming ownership over the item in full - which would violate copyright law on the basis that you are claiming ownership over something you have no right to claim for. It also covers sub-licensing (selling or giving it away) because YOU were the one granted the license to use the work in your own projects, other people are not contractually licensed to use it (the license is in the subscribers name). If what you wanted was true (where others could give away their content or sell it on) there would be no reason why people couldn’t put all the stock images on a torrent site and give it away free on the grounds they owned those images. As this isn’t the case (they are licensed to use them) and the original creator retains the copyright, you cannot use the work outside of the license.

Basically… don’t even consider trying it Husky, because these people won’t be kind, they’ll sue every penny they can get out of you. :slight_smile:

PS: SiberianHuskey, what you quoted simply states that the material you purchase had the ownership verified, therefore you won’t have someone come along and say the image you used was stolen and put for sale on their website. It does NOT mean that its free of rights, it means the rights were verified.

Royalty free ONLY means you can use the works without paying additional licenses for each time you use the work (the key point here is you don’t actually own the images you pay for… you are simply licensed to use them for your own projects)

Since the thread got off topic to a degree, I will mention what is quoted is what my original plan was to do.

The reason you cannot use it within a logo is because you don’t own the work (you are licensed to use it), making a logo (or trade mark - registered or otherwise) would be automatically claiming ownership over the item in full - which would violate copyright law on the basis that you are claiming ownership over something you have no right to claim for.

I don’t plan on using it for a logo, no one needs to worry about the legal stuff, as my intentions are not what is being assumed, they are perfectly legit.

What are your intentions?

tke71709 was the one who brought up logos. Huskey only asked if someone has a subscription to the service (I don’t either, I carefully use sxc.hu).

My intention is to just use it for a image college. And none of the other free services, including the one mentioned by Stomme poes, had this particular image. This is why I asked if anyone had a subscription !

So you want someone to assign you the right to use an image they’ve obtained from iStockPhoto?

In what media will the collage be used?

Are you intending to pay the person who supplies the image to you?

How many credits does the image cost?

SiberianHuskey, I never said you were intending to use it in a logo, I was just clarifying why they cannot be used in such a medium for tke (as he was wondering). However the part I highlighted in bold does apply explicitly to you within the post and should answer your question entirely.

License restrictions
Here is what you cannot do with either a Standard or Extended license:
Prohibited uses for both Standard and Extended license
Sub-license, give away, share or otherwise transfer stand-alone images/files

Royalty free ONLY means that the person paying the subscription is licensed to use the media if certain conditions are met (that license grants them a non-exclusive license to re-use the media only on projects owned by them as the licensee of the subscription). What you are asking for is in no way “legit”, you are simply asking for someone to give you (either freely or by payment) access to media which only they alone are licensed to make use of (as part of their agreement with iStockPhoto and the author). As such if they were to offer you the media, even if they were paid the value of it, it would violate the license (passage marked above in bold), the subscriber would be deemed in violation of copyright law (on the basis that they were sub-licensing work they had no right to sub-license) and you (as an individual) can be held liable for infringing the copyright both as a violator and a by making a derivative work (without license to do so).

At best, if you get caught you would be issued a DMCA takedown notice to remove and destroy any works making use of the image, at worst (and could quite easily happen) you could be facing criminal prosecutions for theft and could be looking at a fine (or conviction) of anything forward of $100,000+ in damages (depending on how far they want to take it - to the extent of the law). As noble as your intentions are the “legal-stuff” applies here and you shouldn’t ignore it, if you do it’ll be at your own peril and you could end up in some serious trouble which you can’t talk your way out of :slight_smile:

Which we’ve already determined is not allowed according to the TOS.

No one with a subscription can get the image and give it to you for you to use legally.

Alex you make it as though I want access to black project information. All in all I can find out how many credits the image will cost, if anyone is willing, it’s really a simple image, heck if you already have a image equal too, then the problem is solved.

It’s one image. Why not sign up and buy it yourself?

Who knows, you may even need another image one day! :slight_smile:

I am having a hard time understanding what your issue is. You can sign up yourself and buy the image you need. You don’t need anyone else to do that for you. Sign up, choose the “pay-as-you-go” service and buy your image and be done. Very simple.