Using purchased icons in an iPhone application

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Posted Tue Aug 12, 2008 11:29AM

Does the license agreement for iStockphoto purchases allow me to embed an icon created from a purchased image inside an iPhone application that is sold on the Apple App Store?


I think I'm in the clear, but if not, I can create these from scratch...





Posted Tue Aug 12, 2008 3:29PM
This "might" require an extended license. You should call support to check on this.
Posted Tue Aug 12, 2008 5:00PM
Electronic Items for Resale my friend
Posted Tue Aug 12, 2008 6:25PM
It might be worth having that one listed explicitly in the licence examples as it's not immediately obvious - and a lot of istock icons are finding their way onto ipod apps!
Posted Wed Aug 20, 2008 7:58AM
Posted By underflux:
Electronic Items for Resale my friend


I'm not reselling the icon - it is embedded in the application, but the user has no way of extracting the icon for use, other than taking a snapshot of the app installed on their phone - much the same a user could do by browsing through this web site.


That image is not the full-fidelity eps file that was downloaded from the site.


I wish this was a bit more clear
Posted Wed Aug 20, 2008 8:09AM
Read this thread. My interpretation of the license is that it would in no way require an EL. However, oldladybird says to contact support per case.
Posted Wed Aug 20, 2008 9:04AM

4. Electronic Items for Resale - Unlimited Run

You may also purchase the option to resell the Content in an unlimited number of electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates.


Even though it is not for resale, applications are not covered under the standard license, thus making this necessary.

(Edited on 2008-08-20 09:06:01 by underflux)
Posted Wed Aug 20, 2008 9:06AM
That specifies "templates for web or applications development". Or to state it another way:
You may also purchase the option to resell the Content in an unlimited number of ... electronic templates for ... applications development


This wouldn't make any sense:
You may also purchase the option to resell the Content in an unlimited number of ... applications development


The OP is not selling a template for applications development. He is building an "entertainment" application:

“Permitted Uses” of Content: .... entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;


(Edited on 2008-08-20 09:08:46 by sjlocke)
Posted Wed Aug 20, 2008 3:43PM

Sorry SJ, I'm not going to sit here and dissect the license with you, I'm just passing along what's been informed to us. Anyone who contacts service for image use as part of an application is asked to have that EL.
Posted Wed Aug 20, 2008 5:40PM
Then we should modify the license because that isn't what it implies or actually says. No wonder we get numerous threads a month about this.

Could someone explain how using n icon in a phone or computer application is any different from using an image as the cover of a book? Both are items where the content is not the focus of the item. Aside from someone just reading that incorrectly from the existing license? I mean, you do agree my above interpretation is correct, right? About the license specifying a template for application development?
Posted Wed Aug 20, 2008 5:50PM
Posted By sjlocke:
Then we should modify the license because that isn't what it implies or actually says. No wonder we get numerous threads a month about this.

Could someone explain how using n icon in a phone or computer application is any different from using an image as the cover of a book? Both are items where the content is not the focus of the item. Aside from someone just reading that incorrectly from the existing license? I mean, you do agree my above interpretation is correct, right? About the license specifying a template for application development?

Got to agree with you on this Sean otherwise EVERYTHING would require an EL wouldn't it? All he wants to do is use the icons in a product he wants to sell no different than if it was used for a magazine advert. I'm really confused now!
Posted Wed Aug 20, 2008 6:43PM
Posted By sjlocke:
Then we should modify the license because that isn't what it implies or actually says. No wonder we get numerous threads a month about this.

Could someone explain how using n icon in a phone or computer application is any different from using an image as the cover of a book?


Reselling an application is more akin to selling a t-shirt that has the image on it since the icon could be a main part of the content of the application, whereas in the book situtation the main content is the story and the image is just incedental.


However, I completely agree that the license is not clear on usage. I understand the need for generality in the license must most major uses of images should be explicitily spelled out in the license so there is no confusion. This is a classic Peerless situation.
Posted Wed Aug 20, 2008 7:01PM
In Firefox, the "reload" icon (or the home icon, or the back button) is just as, if not more, incidental, then the cover of any book or the images within, and I imagine that is all the OP is talking about. An icon in an application.
Posted Fri Aug 22, 2008 2:48PM
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Posted By sjlocke:
Then we should modify the license because that isn't what it implies or actually says. No wonder we get numerous threads a month about this.

Could someone explain how using n icon in a phone or computer application is any different from using an image as the cover of a book? Both are items where the content is not the focus of the item. Aside from someone just reading that incorrectly from the existing license? I mean, you do agree my above interpretation is correct, right? About the license specifying a template for application development?



I do have to apologize for the previous information. As stated before, the premise we were working under was that it was required for any application period. After reviewing some of the arguments here and speaking with some staff, the consensus was that it would be ok provided it's not a main selling feature. Much like you had said with a book or product packaging.

So once again I apologize for any confusion that may have arose from this, and Daniel if you did buy the EL already let me know and I'll get it fixed for you.

(Edited on 2008-08-22 14:51:40 by underflux)
Posted Fri Aug 22, 2008 2:54PM
Thank you so much for looking into it. Great news for the buyers (and contributors who may see more sales).
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