1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Usage Of Royalty-Free Photos

Discussion in 'Blogging' started by SRLee, Oct 31, 2009.

  1. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    I'm using a royalty-free image from www.sxc.hu/ where I portray the model as myself.

    I write a personal story to presell a product, and I have the model to act as if the creator of the website is the model. However, I am in no way defaming the model.

    Is this illegal, and should I take it down?

    The usage rights from www.sxc.hu/ said I can use it for this purpose if I am not mistaken.

    Advice needed! :eek:

    Thanks in advance.

    P.S I right-click downloaded the smaller size image. It's actual size is huge.
     
    Last edited: Oct 31, 2009
  2. solution2u

    solution2u Junior Member

    Joined:
    Dec 29, 2008
    Messages:
    165
    Likes Received:
    56
    Is it standard restriction applied?
    Posted via Mobile Device
     
  3. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    Yes it is.

    I right-click downloaded the smaller, display image as I wanted the small size.
     
  4. SpamHat

    SpamHat Junior Member Premium Member

    Joined:
    Apr 27, 2009
    Messages:
    151
    Likes Received:
    67
    Location:
    UK
    You would need to ask a lawyer, but I've got a feeling that it may not be ok, depending on what you imply the character is saying.

    I'm pretty sure, for example, it's not OK to have a picture of some stock photo next to a testimonial and imply that the person in the picture said the statement, but the new FTC stuff probably jiggled that a bit somewhere.

    Bury a line in a disclaimer somewhere saying that some images (including people) on your site are used to help portray a congruent theme and to help with branding bla bla bla. Say some images are used from sxc.hu and although you have been granted access to use the images the copyright is held by the respective photographers - contact sxc for more info bla bla bla
     
  5. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    Can I put that in my "Privacy Policy"?
     
  6. SpamHat

    SpamHat Junior Member Premium Member

    Joined:
    Apr 27, 2009
    Messages:
    151
    Likes Received:
    67
    Location:
    UK
    ^^ Sure, why not. As long as it's somewhere it may fireproof you a bit.
    ( Remember, I'm not a lawyer :) )
     
  7. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    This is my exact, word-for-word disclaimer on my Privacy Policy:

     
  8. tyler8541

    tyler8541 Regular Member

    Joined:
    Nov 15, 2008
    Messages:
    297
    Likes Received:
    93
    Hope YOU have a lawyer SpamHat:eek: LMFAO
     
  9. SpamHat

    SpamHat Junior Member Premium Member

    Joined:
    Apr 27, 2009
    Messages:
    151
    Likes Received:
    67
    Location:
    UK
    ^^ Yes, but was that comment meant to be directed at me?

    SRLee's the one who has it on his site - I just made it up.

    Best guess fluff wording like that if enough to satisfy most of the people who would otherwise get annoyed. Until you get a C&D you don't have to really do anything.

    P.S I'm still not a lawyer.
     
  10. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    What's a C&D?
     
  11. blackhit

    blackhit Super Moderator Staff Member Jr. VIP Premium Member

    Joined:
    Jan 28, 2008
    Messages:
    2,402
    Likes Received:
    4,251
    Location:
    Dark Side Of The Moon
    Cease and desist

    Read more on this here:

    Code:
    http://en.wikipedia.org/wiki/Cease_and_desist
     
  12. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    OK, so until I get the order to C&D, I don't have to do anything at all?

    I won't get myself into legal troubles, right?

    That solves any other problems from now on regarding the use of royalty-free images lol.
     
  13. mohammad111

    mohammad111 Newbie

    Joined:
    Oct 4, 2009
    Messages:
    34
    Likes Received:
    717
    There was a post on BHW about this but I can't find it right now:

    Judge Judy had a case of a 20 year old women whose images very used on a strip club banner to advertise the strip club. The images were taken from a free royalty free site and the site clearly stated that you can use the images for commercial purposes.

    The girl sued the Strip Club owner and Graphic Designer and in the end Judge Judy asked for a written permission of the women for the use of the images and they had none. She ruled for the girl and the Graphic Designer and the Strip Club owner had to pay $5000 to the girl.


    I myself think that is pretty damn insane and it shouldn't be allowed, but you know what? We have no power over the court so I just stopped using people's images in which you can see the face. Bye they way you will find the thread if you search the forum, If I find it I will post the link.

    Hope it cleared you up a little :D
     
  14. amonster

    amonster Registered Member

    Joined:
    Oct 17, 2009
    Messages:
    53
    Likes Received:
    0
    have tiy tried creative commons?
     
  15. imer

    imer Newbie

    Joined:
    Feb 4, 2008
    Messages:
    43
    Likes Received:
    114
    I heard someone said that if we tweak the picture a bit (such as the background) then it change the the original picture which will make the new picture we created originally ours.

    Anyone has comments on this? Will this trick work?
     
  16. blackrainbow

    blackrainbow Newbie

    Joined:
    Dec 5, 2007
    Messages:
    16
    Likes Received:
    9
    It's not a trick if it doesn't work.

    And the answer is no, it becomes a derivative work, which will still be prohibited under the image's licensing 99.999% of the time.

    Making it look like the photo model is the person writing is always gonna be shady, either in terms of licensing or misrepresentation. But hey, this BlackHatWorld, we deal in shady.

    Having said that, the photos on sxc.hu are usually taken by pro photographers, this may be OK for what you're using them for, but if you want something more authentic looking you might want to try a Commons search on Flickr, it's different license with similar terms.
     
  17. SRLee

    SRLee Junior Member

    Joined:
    Sep 12, 2009
    Messages:
    191
    Likes Received:
    104
    Hold on guys, I contacted the photographer directly to ask for his permission.

    He said "OK, but send me the link."

    So my advice is to notify the photographer about your use and if he feels it inappropriate, just take it down since there are so many other pictures to use out there.