HELP!! Anybody else out there unknowingly violating stock photo licensing agreements?

[liko81]

Originally Posted by Arete

Here are some quotes right out of iStock's standard licensing agreement:

iStock (istockphoto.com/license.php)

"Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy."

"[you may not...] install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users."

Most other sites have very similar verbiage, which you can check out if you wish...

123RF.com (123rf.com/license.php)

Pixmac.com (pixmac.com/page/usage)

Fotolia.com (us.fotolia.com/Info/Agreements#1.)
Fotolia actually states that their photos are not to be used for political or religious purposes, as well.

In any case, it's easy to see why people violate these agreements.... Who actually reads all that fine print before downloading a graphic?

This is boilerplate digital copyright. What they want is for you to treat the images like a CD or a copy of software. Let's compare it to a CD; it is perfectly within your rights to take that CD anywhere, plug it into any player and hit "play". It is also permissible for you to make one copy for archival purposes. It is NOT ok for you to rip and burn a copy of the CD and give it to someone else for their own use. It is considered "fair use" to rip the CD into MP3s and use those personally, but it is not permitted for you to give that media to others in a form they can re-use. The analogy for your images is to incorporate them into other, different media, but viewers of that media should not be able to extract and re-use the copyrighted material.

Let's break it down:
- Only you are permitted to use the Content. "You" = "the license holder"; the payer of dough and the one given permissions by the contract. That can be a corporate "you" in cases of group or corporate use, usually providing that the group is a legal entity (most churches are chartered as non-profit corporations in the eyes of their applicable legal jurisdictions, so you're probably fine substituting "The Church" for "you").
- You may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. Translated: you are allowed to show the copyrighted image to the end recipient (no matter how many), or to give it to a printer, web host, etc for the purposes of publishing it. You are also allowed to use the content as a component of an image you create (a "Permitted Derivative Work"), and you can do the same with it as you could with the original image. HOWEVER, nobody else besides you may obtain or retain a useable copy of the copyrighted material from what you provide them, and you are responsible for ensuring that cannot happen.
- You may install and use the Content in only one location at a time... You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead... If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content - You can store and use the image on only one computer at a time per purchase of the licensed material. You may move, but not copy, the material between computers. If you want, you may provide remote access to a single copy, AS LONG AS you disallow more "concurrent uses" than you have user licenses, by having the current user obtain a "lock" on the file or directory. There are many ways to accomplish this, most of which require you to know what you're doing in the field of network security. It is simpler, and just as legal, for you to store the images on a thumb drive, use it where you please, and just make sure the drive never gets shared and that the material is not copied to any computer's HDD.
- Subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. Stay within the terms of the contract and you retain the permissions given by it forever.
- You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy. You may make one copy to archive; if you lose or destroy your "working copy" you can restore it by copying the backup. However, it must be a complete copy, and you must retain all copyright information in the archive (so anyone who stumbles upon the archive copy is given fair warning of the terms under which they are allowed to use it).

[rockell]

The backgrounds here are free to use. worshipmediadesigns.com

[[Director] drew ryan]

Originally Posted by macjunkie

I am a big proponent to having a volunteer photographer and archiving photos yourself. If you find someone who is interested in photography that seems to have a good eye I think starting your own stock photo collection is a great idea. I would still use stock photo website as well but how much more appealing would are content be if we used our own people.

One of the things that you must do if you photograph people is to do due diligence in getting a release form to use their photo for your purposes. Especially if you are photographing minors.