How can I safely use royalty-free images from a pirated disc?
March 4, 2007 7:16 AM Subscribe
Can I use stock images from a royalty-free disc on my commercial projects if the disc was not purchased by me? How does this kind of licensing work?
I do some free-lance graphic design jobs from time to time, but never had to use stock images before. (Please forgive my possibly stupid questions -I'm clueless)
A friend gave me a dvd with tons of these royalty-free collections. He downloaded them from somewhere. I'm itching to use the photos on a project for a client. I'm guessing I can't. Right? I see free-lance graphic designers using royalty-free images all the time. Have they all bought the 200+ dollars discs?
Hypothetically though, had my friend legally bought the disc, would I be able to use it even if I had nothing to do with the purchase and don't work for him?
And if I did use the images from the pirated disc, in what kind of trouble could I get? How about my client? And how real is the possibility that someone will come after me? (I'm talking about ~2.000 copies of a niche-distribution institutional folder in northeast Brazil.)
And say one of you generous mefites owned a legally licensed disc. Is there a way you could authorize my using the images? Would you?
I do some free-lance graphic design jobs from time to time, but never had to use stock images before. (Please forgive my possibly stupid questions -I'm clueless)
A friend gave me a dvd with tons of these royalty-free collections. He downloaded them from somewhere. I'm itching to use the photos on a project for a client. I'm guessing I can't. Right? I see free-lance graphic designers using royalty-free images all the time. Have they all bought the 200+ dollars discs?
Hypothetically though, had my friend legally bought the disc, would I be able to use it even if I had nothing to do with the purchase and don't work for him?
And if I did use the images from the pirated disc, in what kind of trouble could I get? How about my client? And how real is the possibility that someone will come after me? (I'm talking about ~2.000 copies of a niche-distribution institutional folder in northeast Brazil.)
And say one of you generous mefites owned a legally licensed disc. Is there a way you could authorize my using the images? Would you?
Hypothetically though, had my friend legally bought the disc, would I be able to use it even if I had nothing to do with the purchase and don't work for him?
No. Royalty-free does not mean free. It means you don't have to pay to use them beyond the initial purpose.
Buying the disc gets you a license to use the images in a royalty-free fashion. Using the images without purchasing the disc constitutes copyright infringement.
Wikipedia answers most of your question(s):
There is also "royalty-free" stock photography. This does not mean that an image may be used without payment. What it means is that a one-time fee or subscription gives the right to use an image in a publication according to the terms agreed upon, with no license fees being paid for further use.
posted by fake at 7:32 AM on March 4, 2007
No. Royalty-free does not mean free. It means you don't have to pay to use them beyond the initial purpose.
Buying the disc gets you a license to use the images in a royalty-free fashion. Using the images without purchasing the disc constitutes copyright infringement.
Wikipedia answers most of your question(s):
There is also "royalty-free" stock photography. This does not mean that an image may be used without payment. What it means is that a one-time fee or subscription gives the right to use an image in a publication according to the terms agreed upon, with no license fees being paid for further use.
posted by fake at 7:32 AM on March 4, 2007
Response by poster: lovejones. I have. Obviously. I'm looking for possible loopholes or other solutions from more experienced, helpful, kind mefites.
posted by ArchBr at 8:14 AM on March 4, 2007
posted by ArchBr at 8:14 AM on March 4, 2007
Can't you just buy the ones you need online from Getty Images (owner of Photodisc)? If they turn out to be too expensive, find cheaper alternatives from somewhere like iStockphoto (now also owned by Getty).
(You'd probably get away with it, but there really isn't any excuse for 'pirating' stock photography for commercial work. You're getting paid to produce a design, so allow for photography in the budget and happily pass on some of the cash.)
posted by malevolent at 8:31 AM on March 4, 2007
(You'd probably get away with it, but there really isn't any excuse for 'pirating' stock photography for commercial work. You're getting paid to produce a design, so allow for photography in the budget and happily pass on some of the cash.)
posted by malevolent at 8:31 AM on March 4, 2007
Response by poster: malevolent - I am currently using free images I got from several sources, including morguefile and CC search. They do the trick, but are far inferior to the very professional images from Getty and Corbis, and that's why I had hopes of finding a way to use the ones I found on the disc - like, as I said, some form of authorization from whoever bought it.
What caught my attention, specifically, was the alpha channel included with every image. That is really what I need, and I haven't found any free images with alpha channels for download. (Any tips on that?)
Another important point that made me try and find a way is that this job is a favor for a friend's brother, which I accepted because I need stuff for my portfolio. I tried to convice him to buy a couple cheap ones I found, but he refuses. I am stuck on having to settle for inferior results and possibly not including the material on my portfolio... Rotten deal I got myself into.
posted by ArchBr at 9:00 AM on March 4, 2007
What caught my attention, specifically, was the alpha channel included with every image. That is really what I need, and I haven't found any free images with alpha channels for download. (Any tips on that?)
Another important point that made me try and find a way is that this job is a favor for a friend's brother, which I accepted because I need stuff for my portfolio. I tried to convice him to buy a couple cheap ones I found, but he refuses. I am stuck on having to settle for inferior results and possibly not including the material on my portfolio... Rotten deal I got myself into.
posted by ArchBr at 9:00 AM on March 4, 2007
lovejones. I have. Obviously.
Don't be a dick. If you'd read the license, and looked up royalty-free, you'd see that OBVIOUSLY your question is answered there.
The words "Non-Transferable" in the license he linked mean that no-one can give you any license to use the images you want to, just because they own the disc.
How much trouble could you get into? Your client could be publicly embarrassed or fined. You could be fined and your name made public as a person who's not operating very professionally. Most likely, nothing at all would happen and you could be fine. But you understand you are taking a risk, or you wouldn't be asking this question.
So, to be completely explicit:
Have they all bought the 200+ dollars discs?
No. They may not have all purchased Photoshop, either, but that doesn't make it ethical or risk-free.
Keep in mind that a single photograph from an amateur photographer can cost 200+. Those discs are a bargain.
Hypothetically though, had my friend legally bought the disc, would I be able to use it even if I had nothing to do with the purchase and don't work for him?
No. The license says it's non-transferable.
And if I did use the images from the pirated disc, in what kind of trouble could I get? How about my client? And how real is the possibility that someone will come after me? (I'm talking about ~2.000 copies of a niche-distribution institutional folder in northeast Brazil.)
I can't comment on Brazil, specifically, but any range of things could happen to you, including nothing. It's not an answerable question.
And say one of you generous mefites owned a legally licensed disc. Is there a way you could authorize my using the images? Would you?
Royalty free does not mean free to give away. Royalty free means you pay for the right to use the image without paying royalties, not without paying for the license.
posted by fake at 9:08 AM on March 4, 2007
Don't be a dick. If you'd read the license, and looked up royalty-free, you'd see that OBVIOUSLY your question is answered there.
The words "Non-Transferable" in the license he linked mean that no-one can give you any license to use the images you want to, just because they own the disc.
How much trouble could you get into? Your client could be publicly embarrassed or fined. You could be fined and your name made public as a person who's not operating very professionally. Most likely, nothing at all would happen and you could be fine. But you understand you are taking a risk, or you wouldn't be asking this question.
So, to be completely explicit:
Have they all bought the 200+ dollars discs?
No. They may not have all purchased Photoshop, either, but that doesn't make it ethical or risk-free.
Keep in mind that a single photograph from an amateur photographer can cost 200+. Those discs are a bargain.
Hypothetically though, had my friend legally bought the disc, would I be able to use it even if I had nothing to do with the purchase and don't work for him?
No. The license says it's non-transferable.
And if I did use the images from the pirated disc, in what kind of trouble could I get? How about my client? And how real is the possibility that someone will come after me? (I'm talking about ~2.000 copies of a niche-distribution institutional folder in northeast Brazil.)
I can't comment on Brazil, specifically, but any range of things could happen to you, including nothing. It's not an answerable question.
And say one of you generous mefites owned a legally licensed disc. Is there a way you could authorize my using the images? Would you?
Royalty free does not mean free to give away. Royalty free means you pay for the right to use the image without paying royalties, not without paying for the license.
posted by fake at 9:08 AM on March 4, 2007
had hopes of finding a way to use the ones I found on the disc - like, as I said, some form of authorization from whoever bought it
There is no way, because the rights don't transfer. Just find them on the getty or corbis site and buy the rights to them. Pass along the cost to the clients, and it shouldn't be too big of a deal.
Bottom line: there is no legal way you can use those images for free.
posted by mathowie at 11:38 AM on March 4, 2007
There is no way, because the rights don't transfer. Just find them on the getty or corbis site and buy the rights to them. Pass along the cost to the clients, and it shouldn't be too big of a deal.
Bottom line: there is no legal way you can use those images for free.
posted by mathowie at 11:38 AM on March 4, 2007
Just for the sake of asking -- the way I read that licence, ArchBr's friend isn't allowed to give away that disk he bought, and he isn't allowed to sell it second hand either?
posted by AmbroseChapel at 12:20 PM on March 4, 2007
posted by AmbroseChapel at 12:20 PM on March 4, 2007
AmbroseChapel: The agreement doesn't say anything about selling or giving away the disc, but it does say that he transfer the agreement. So he could sell the disc to you, but you would not have any of the rights granted by the license. (You could use the disc in ways that do not violate the photographer's copyright, e.g. looking at the images yourself, or using them in ways that are fair use.)
posted by mbrubeck at 1:18 PM on March 4, 2007
posted by mbrubeck at 1:18 PM on March 4, 2007
Best answer: This section from the license Licensee has the right to have the Licensed Material Reproduced by subcontractors of Licensee, provided that Licensee ensures that such subcontractors agree to abide by the provisions of this Agreement provides a pretty big loophole, though not for you (due to the pirateness of the thing). Person who bought the images makes person who uses the images a subcontractor, yes?
posted by wemayfreeze at 2:11 PM on March 4, 2007
posted by wemayfreeze at 2:11 PM on March 4, 2007
This thread is closed to new comments.
posted by lovejones at 7:32 AM on March 4, 2007