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I am searching for a large library of comping images which I can edit / add graphics and text. Looking for a large variety of images, mostly nature / outdoors. Is such a library available for purchase so that I will have full ownership of new materials I create?
Thanks in advance for any suggestions!
Many, if not all of the professional image libraries will have Royalty Free collections of thematic images available to download or purchase on disc.
A few that come to mind:
There are also bottom-end suppliers like iStock (a division of the mighty Getty) catering to the graphic needs of webmasters, although most of the big libraries offer micro stock these days.
All these sources offer lo-res comping images for you to trial. You will need to register with each site before being allowed access to these.
Hope that helps.
It's been a big enough issue for providers, so I suspect a quick trawl through any site FAQ's might give you the clarification you're looking for.
10. Disclaimers. Photobucket is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Photobucket Services...
Clearly the onus of responsibility is on the content provider. However, Clause 8 states:
Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Photobucket:
8.8 constitutes or promotes an illegal or unauthorized copy of another personís copyrighted work;
So, if you take an image from a Photobucket user in good faith and later find it's someone else's work, you'd need to a) take it up with the person who uploaded it, and b) complain to the service provider.
Seems pretty straightforward, though I'm still looking for the bit that says it's ok to take images for commercial use. Indeed, I'm yet to find any section dealing with any copyrights or Creative Commons at all. Guess it must be somewhere...
Sorry, forgot to add that their T&C's are here: [photobucket.com...]
[edited by: Syzygy at 7:36 am (utc) on April 29, 2009]
I'm guessing the indemnity clause #14 would mean I am assuming the liabilities for my own use.
My main intention is to repackage images with text and info related to my own content. They would not be sold but would be likely to be used by others.
I spent a while yesterday looking for the T&C in respect of rights of users' content but could find nothing.
I even signed up for an account and uploaded a few images, just to see how it works. I'm still none the wiser as to what rights I have or, like Flickr, what restrictions I can place on others using my works.
Anyone else with experience of Photobucket?
I'm guessing I'm pretty safe being that I am not reselling, only using for web display.
Would I be better to add my own copyright to images I enhance, or just leave it? Also whether to credit photobucket?
Until you have a much clearer picture (excuse the pun) of the legal position, don't even think about claiming copyright on 'derivative works' or presuming 'Fair Use'. Search for 'Shepard Fairey' - the creator of the Obama 'Hope' image - and see why.
Actually, here's a very good link to a BBC story on the subject:
Copyright battle over Obama image [news.bbc.co.uk].
As to your last point, just crediting Photobucket seems somewhat lame. Even though I can't find anything to the contrary, I'm presuming that users don't sign away their copyrights when they upload to Photobucket. Thus you'd only be crediting the hosting company and not the creators!
Best you delve a little deeper into their T&C's and see what lurks there...
[edited by: Syzygy at 12:06 am (utc) on May 7, 2009]
The issues over what you can and cannot do with images from Photobucket are interesting (to me), especially as you find images hosted there in widespread use across the web.
Ok - have just had a closer read through the T&C and found it!
Here's an excerpt:
Proprietary Rights in Content on Photobucket. 6.1 By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content... except Content marked "private". Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications.
So, as a user, give it to Photobucket and sign your rights away.
As a webmaster, great. Here's a massive free resource with essentially no limitations on use! That's my interpretation anyway and based on that I'll be closing my recently opened account straight away!
[edited by: Syzygy at 9:06 am (utc) on May 7, 2009]
Seems quite clear to me as well, and exactly what I'm looking for also. The only issue left in my mind is, I have seen plenty on photobucket that I know is copyrighted (mostly copyrighted text added to pictures, but likely some copyrighted images as well). So to what extent am I liable af I mistakenly use such content.
Thanks Loner... I will have a good look at flickr also.
The searches were for certain well-known makes of expensive sports cars. There are loads of images, many of them professional studio shots.
Photobucket's T&C's are very clearly designed to ensure that no blame or responsibility is apportioned to them. All responsibility falls on the user uploading the image.
You use copyrighted images without permission and you could find yourself facing legal action. It won't matter where the images came from or who supplied them.
You might then want to instigate legal proceedings against the source from which you took the images, but the image rights owner, if they're dogged enough (and many are), might still want a piece of you.
My suggestion is the obvious one: if it clearly is a copyrighted image do not use it; likewise if you have any doubts at all.
Having said that, you could always make contact with the person who uploaded the image and seek clarification.
Usual disclaimer applies: I am not qualified to give legal counsel and nothing herein should be taken as such. If in doubt, seek advice from someone who knows what they're talking about!
[edited by: Syzygy at 1:25 pm (utc) on May 8, 2009]
That's a deal I worked with two photogs in my area some years back and I have never regretted it. I can even request creation of images for a specific need. Works a treat!