Copyright & Use of photos/illustrations

Hi,


I just had a quick question about allowable use of istockphoto images.


I design and sell jewellery (pendants in particular) and use patterned paper, wrapping paper etc as the design features on the pendants. I've noticed that some of my competition use some istockphoto images in the same way. I wanted to ask whether this was actually allowed under the standard license? Can I use files on istockphoto for this purpose?


Thanks!

Perhaps you can show us an example of what you're talking about?

I think you're talking about a kind of decoupage to make your pendants?


For private use it is ok but for commercial use you should buy a extended license (I asked it earlier this year concerning mixed media kind of art and pendants)

the actual thread: http://www.istockphoto.com/forum_messages.php?threadid=58325&page=1 (wow, it's almost a year old... °o° )

Yes, it is like a decoupage. Here is an example - http://www.etsy.com/view_listing.php?listing_id=14950437 (it is mine but not a stock photo image).


In checking out some others who make identical/similar items I've noticed that they are using istock images and I just can't work out if you need an extended license as to how it is financially viable since each image is 100 credits (particular when you are selling the pendants so cheaply). So either


a) it IS financially viable for them to do this ... somehow?


b) they have checked it out and it is OK to do under the standard license


c) they are not aware (or not concerned) with the copyright restrictions


Any ideas?

They definitely (for items for resale) need an extended licence for this. It's quite clear in the agreement:


prohibited uses 2 and 3


"For greater certainty, the following are “Prohibited Uses” and you may not:...

• use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);
• use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;"
• 
  
  
  (Edited on 2008-09-16 06:06:49 by Susan_Stewart)
  
  (Edited on 2008-09-16 06:08:03 by Susan_Stewart)
  

I'm sorry to say it will be answer C... many just don't care at all!


Or they might have bought an EL before the price change back in January (it was 50 or 75 credits back then, before the "simplification" of the different ELs)

Though that might be the case. Thanks for your input everyone.





Do you think I should contact them and ask them if they have an extended license? Or is this the kind of thing the istock admin would look into?

If you think there is a license infringement, mail to ce at istockphoto.com (without the spaces and with the at-symbol ofcourse, but if I posted the real address here he would get spammed for all blue pills and other scamspam )

He'll check it out and contact the people using the files to see what's the case...

(Edited on 2008-09-16 06:38:24 by madtwinsis)