Stock images

iStockphoto licence terms

[tintin99]

I've just started using stock images and have been reading the small print carefully because a client of mine has been fined by Getty for having an unlicensed image on their website.

I like iStockphoto's images but in their terms they have the following:

"Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide."

As far as I know it's technically impossible for me to stop my client or any future web designer they employ from accessing the image file since they have access to the webserver. And anyway, a user can just right click and save the image and do what they like with it. I have argued the case with iStockphoto but they have not clarified the situation and suggest I seek my own legal advice. Great!

So I'm still in the dark as to what I could be held responsible for should my client or anyone else misuse the image!

Can anyone offer advice?

TIA

Bob.

[MadeWillis]

Perhaps have your client create an account with istockphoto and make the purchase. Then they are liable.

[tintin99]

I did think of that but suspected my client wouldn't be too pleased. After all I am supposed to be providing a complete hassle-free web design service.

The iStockphoto terms are geared towards designers in that they include the sentence about being permitted to transfer the images to the client. This seems very sensible. What seems really dumb is to include the condition that the client must be unable to access or extract the file. Unless I'm missing something the only way I could attempt to do this would be to host the images on my own server and hotlink them into the client's website.

[Syzygy]

This is part of a basic principle in buying Royalty Free stock images.

1/ If you buy stock images in your name they belong to you & the licence is non-transferable.

2/ If you buy stock images in the name of your client then they belong to your client - not you.

The 'rules' you list are just a catch-all, primarily to stop any scenario where the purchaser says...

As far as I know it's technically impossible for me to stop my client or any future web designer they employ from accessing the image file since they have access to the webserver. And anyway, a user can just right click and save the image and do what they like with it.

At a basic level it puts the burden of responsibility of any misuse on to you - not 'them'.

Just been dealing with a fundamentally similar situation myself and have now got it cleared up.

Syzygy

[tintin99]

Thanks Syzygy. I understand that that's what it's for - the stock library passes all responsibility onto the purchaser. But doesn't this lead to an impossible situation? Web designers who buy images and use them on clients' sites CANNOT comply with the terms - they can't control what happens to images on a website. This isn't just a cop out, it's a fact.

I think my point is that if the terms were really insisted upon and rigorously enforced then no-one would buy images because they wouldn't be able to fulfil the conditions, and the library would be out of business. Yet millions of images are bought every day so web designers are obviously agreeing to conditions that they can't comply with.

What happens in practice? It seems there is a grey area here - how do I know where I stand in practice? Under what circumstances would the library come after me? I don't want to get landed with a hefty fine in 5 years time because someone's done something with an image I'd forgotten all about!

I'd be interested to hear about the situation you mentioned.

[londrum]

the file that they give you and the file that you supply to your client are probably two different things though. as the one they give you is likely to be very large. you wouldn't use that on a website - you'd crunch it down. maybe that's what they mean. they are talking about the original high-resolution image.

[tintin99]

Actually they sell 4 or 5 different resolutions at different prices so you buy an image only slightly larger than you need and then resize it.