Legal mumbo jumbo

[Bread]

Heya, I need the pooled wisdom of the community to aid me, here, since I'm a bit of a dunce when it comes to legal texts, which I find notoriously and overly complex. Still, I'd appreciate if someone would shed some light and help a guy out here- concerning a stock photo depository and terms of use, which I need in my line o' work:

You may not use the Image:

... To endorse products and services if it depicts a person...

So, what does this bit mean, really?

 

[theSmokingRabbit]

If the sentence continues as:

...that can be recognized by the person portrayed, the photographer or anyone related to or acquaintance with that person.


Then it means that the image you use from that source cannot contain a person that did not sign some sort of release saying you could use it to endorse your product.

Examples:

Crisp clear photo of some guy waving from that source placed next to your logo and slogan.

Cannot be used since no agreement between the model and your company was made.


If the photo contains people from a distance who are unrecognizable then you can use it for the purpose of endorsing your company and/or product.



Make sense?

 

[Bread]

If the sentence continues as:

...that can be recognized by the person portrayed, the photographer or anyone related to or acquaintance with that person.


Then it means that the image you use from that source cannot contain a person that did not sign some sort of release saying you could use it to endorse your product.

Examples:

Crisp clear photo of some guy waving from that source placed next to your logo and slogan.

Cannot be used since no agreement between the model and your company was made.


If the photo contains people from a distance who are unrecognizable then you can use it for the purpose of endorsing your company and/or product.



Make sense?

We-ell, generally like to steer clear of pictures featuring models, anyhow. Something about those mindlessly grinning ubermensch in snazzy suits and bleached teeth gives me the creeps. Uncanny valley, really.

Still, it'd be likely in regards to pictures featuring actors who can be ID'd from their pictures?

Sentence is as displayed.

Went thru stock.xchng.hu disclaimer, since I'm not keen on breaking the laws, but neither am I inclined to pay whopping royalties and such to these stockphoto rackets, so I'm antsy to find a legal, free alternative. Most such ventures have crashedlanded in flames as there's always one snag or the other, like crediting the original site, which is impossible in Facebook ads, due to extremely limited space and input options. 'S tricky.

 

[theSmokingRabbit]

Still, it'd be likely in regards to pictures featuring actors who can be ID'd from their pictures?

Yes, and it becomes a problem since your company and that actor have no agreement towards use of the image.

If anyone can recognize the model and they don't recall any sort of agreement for the image to be displayed for such and such purpose then you have trouble.


Pretty much the cheapest way of using a person in a photo is either knowing and convincing them to let you use it or hiring an amateur photographer to snap some photos of a pretty girl who wants to "build her portfolio" and having her sign over rights to the image.


But since you say you avoid models you have no worries.


Hope I've helped.

 

[Sci-Fi]

Basically you can't use any image that you don't own or don't have permission to use, that is selling a product or used to endorse a product. Much like what Funky said. Stock photo's are also copyright of the owner and usually require purchase for you to use, but some of those are for personal use or reference use only. There is a site I've come across in the past that had models holding weapons or doing fighting poses, you could purchase the images if you wanted. Those were for reference only and could not be lifted and used in anything else. They were drawing aids for artists.

 

[theSmokingRabbit]

Basically you can't use any image that you don't own or don't have permission to use, that is selling a product or used to endorse a product. Much like what Funky said. Stock photo's are also copyright of the owner and usually require purchase for you to use, but some of those are for personal use or reference use only. There is a site I've come across in the past that had models holding weapons or doing fighting poses, you could purchase the images if you wanted. Those were for reference only and could not be lifted and used in anything else. They were drawing aids for artists.

He has found a site (and there are a few out there) that provide images free of charge from their database but still have restrictions. Not just as reference but as backdrops or objects to be used in graphic arts for advertising or what have you.


It's like you've said except it got a bit more specific by saying you can't use any images with people since they don't own their rights.