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! Edited on Mar 23, 2008 1:34 AM |
 2. Feb 25, 2007 2:44 AM iikozen | Sounds good! :) |
 3. Feb 26, 2007 8:07 PM Scyza | Good job on making these two topics, should help clarify some things especially for newbies. Also, the news on the homepage are much appreciated - even if it's just a short sentence or two every now and then I think it's great if you guys keep us users up-to-date a bit :) |
4. Feb 28, 2007 1:30 PM admin | Yeah but it's funny because I was hacking the engine a bit this weekend and the site is a lot faster now and that news item got outdated immediately :D |
 5. Mar 7, 2007 4:28 PM nexxy | Hm, it's not as slow as last month at the moment. I guess you dit a good job. About the restrictions, if you don't want that someone use youre pictures, just don't put them on SXC. And most of the time people just fill in the "User must be notified upon use" option, because they like to see the results! |
 6. Mar 15, 2007 9:56 AM ortonesque | Here is something I am not clear on...you say it's ok to use the photos in magazines but it's not ok to create printed reproductions or sell and distribute them in any way. But isn't using them in magazines doing just that? Or for the latter do you mean if the photo is the main object of sale? |
 7. Mar 15, 2007 11:43 AM bosela | Good article!! I particularly like the links to supporting information. @4 Thanks for the news updates. It is great to know when things change or progress is made. A lot of significant progress is made that only leaks out through bits and pieces in random threads or goes unreported. It helps to establish perspective when people know about that progress. Noted and outdated is better than never noted. |
8. Mar 19, 2007 2:01 PM ortonesque | Quasi bump for an unbumpable thread. I asked a question and I didn't get an answer yet. :( |
 9. Mar 20, 2007 12:59 AM polska1 | @6, 8 Magazine is for sale as the final product. They (whoever they are) are selling magazine - where the particular photo is just part of design of it. Not allowed is to sell photo as a main subject of 'selling activity' This is only my understanding of this subject and I am not a lawyer and not connected to SXC in any way apart from uploading my photos. |
 10. Mar 20, 2007 11:04 PM xymonau | @ 6 - using photos as an illustration is not the same as selling the photo. In the first instance, the product is a whole magazine - stories, etc. The image is used to enhance the article. In the latter, the only thing being sold -and this includes when the "canvas" is a cup or tile, as in CafePress - is the photo itself. |
11. Mar 21, 2007 11:53 AM ortonesque | @9 & @10 - thanks! :) |
 12. Apr 7, 2007 8:58 AM tvvoodoo | I dunno Dez, I'm not so sure about that definition. Cafe press folks could argue the same you said about canvas, or "enhancement" of the cup. The cup is the product, easily defendable, IMO. I had a row with one d/l pretty much demanding my permission for a publication cover in which advertising was sold - no articles, just plain every square inch - sold to clients, I estimate well over half a million $$$ worth, and only 25,000 copies printed for a select audience who also must pay for the book, like a travel/tour reference book. It would not cost nowhere near that amount to print them - and it's plain to me, they're raking huge profits compared to any simple cafepress item. I did not grant permission, but I'll bet they went ahead with it anyway. I'm waiting to find out. I told them I had no problem with them utilizing my photo free for a display or advertisement, even full page inside the magazine. However, to me a cover on a moneymaker like that is a whole different story. When that kind of dough is on the table, and my photo represents the whole of the project, it's no longer free. But that's just my opinion, and, hey it's my photo - if they ask, I decline, and they go ahead anyway, it's soon to become a problem for all involved. I think book or magazine, CD or other major media "covers" should be discluded from the "unrestricted" rule, or at the very least be relegated to an "YOU MUST ASK the artist" category inside the restrictions info. |
13. Apr 7, 2007 11:23 AM xymonau | @ 12 Brad, if the image isn't the reason people buy the goods, then Cafepress stores would sell blank goods all the time. We know they don't. As for your covers, I have to say I agree. People getting paid a stack of money should be able to afford a $1 image from somewhere. |
14. Apr 24, 2007 1:11 PM Nimbosa | So... Can I use an image for free blog templates without asking permission? |
 15. Apr 24, 2007 9:29 PM Zela | @14 I think the word template is a bit ambiguous here. It is always a nice gesture to contact the photographer when using a picture for a third party product like a blog template even if it's for free. |
16. Apr 25, 2007 9:36 AM xymonau | The rules aren't ambiguaous about templates. You must ask. Free or not. |
17. Apr 26, 2007 6:03 PM Nimbosa | Ok, thank you :) |
 18. Jun 13, 2007 6:55 PM mesl | Hi there!!! I was wondering if it's posible to use a picture from SXC for an ad in a newspaper? Is it the same case as the magazine? |
19. Jun 20, 2007 6:19 PM GuidoB | I saw there are a lot of users asking if they can create derivative works, erase the photo background, merge a part of an SXC photo with their own work... The SXC term of use are not so clear on these topics. I would suggest to introduce the possibility for a photographer to release his/her work under a standard licence of his choice between GPL/LGPL/CREATIVE COMMONS licenses just as it is done for example on Wikipedia. It could be also possible to allow more than one licenses for each photo and let the downloader chooose which one best fits his/her needs. In this way there is no more need to contact the photographer because all issues are clearly stated on the license (attribution - use for derivative works etc.). Do you think GPL/LGPL/CREATIVE COMMONS standard licenses can be applied to newly submitted photos and photos already posted on which the author states it? |
 20. Jul 10, 2007 3:00 AM gtrfrkbob | Hi Guido, Since the photos on this site are free, what is the use in letting the downloader choose which license he/she wants to use. On other sites, the choice is also the price you choose to pay. Also, whether you know you have permission or not, you should contact the photographer anyway, since each photographer has different requests, as many of us are putting portfolios together and would like to request a copy of the work in use. Thank you for your time. Bob |
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