17 Replies Latest reply on Sep 8, 2017 3:03 PM by chrisd12671066

    Can Adobe Stock Photos be used for Book Covers?

    davidj81252387

      My questions below are legal ones, so kindly only reply IF YOU ARE an Adobe employee legally allowed to answer licensing questions. Thank you.

       

      I'd like to use photos from Adobe Stock so that I can use them in Photoshop to create my book covers. The books would be sold as e-books and also "print-on-demand" publishing.

       

      My questions are:

       

      1. In the FAQs it says this: Adobe Stock photos, illustration, and vector files can be used in any creative project, including print ads, brochures, presentations, posters, book covers, commercials, websites, and annual reports. I will be adding my name, book title, and other supporting text over the part(s) of the photo(s) I choose to use. So can a photo from Adobe Stock be used for a book cover?
      2. In the FAQs it says this: At the moment, Adobe Stock offers only standard licenses, allowing the licensee to use the images for illustration purposes only. So does this mean that Adobe Stock photos CAN'T BE USED for making book covers as mentioned in item 1 above?
      3. If a standard license CAN BE USED for making e-book and book covers for sale or download to e-readers, does the 500,000 limit mean that once sales for a book reach this limit that the standard license needs to be bought again by using the "LICENCE AGAIN" button for the photo(s) already downloaded and used as book covers?
      4. If the standard license CAN"T BE USED for e-book and book covers right now, when will the extended license be available, and how much will that cost?

       

      I'm sure my questions and the answers to them will help others equally confused by these Adobe Stock Terms of Use.

       

      Thank you in advance for your help with my questions.

       

      Regards,

       

      David

        • 1. Re: Can Adobe Stock Photos be used for Book Covers?
          AgoraVP

          I have the exact same questions. I did see in another post that extended licenses are currently available through Fotolia and found the same picture there.  Might just play it safe and get the extended license but the terms for Adobe Stock seem really unclear with regards to the questions David posed.

          • 2. Re: Can Adobe Stock Photos be used for Book Covers?
            MatHayward Adobe Employee

            In general terms, yes you can use an Adobe Stock image for the cover of your book. There are a few exceptions. The image cannot provide the primary value of the book. In most cases the cover is simply decorative with the content of the book providing the primary value. Another thing to keep in mind is that the use of the image cannot be perceived as offensive by a model featured in the image. No steamy romance novels, political content, etc. The print run limit is 500,000 so the answer to your 3rd question is yes. You would need to purchase an additional license if you exceed 500,000 sales. As always, be sure to review the license agreement for specific details on allowable use and if you are still uncertain it may be in your best interest to obtain legal counsel to review the agreement on your behalf as well.

             

            Good luck with your book!

             

            -Mat Hayward

            7 people found this helpful
            • 3. Re: Can Adobe Stock Photos be used for Book Covers?
              AgoraVP Level 1

              Thank you for the clarification on policy.  I have a followup question on your comment about "steamy romance novels."   The photos will be used for a romance/thriller but the photo that has a model in it is quite sexy and we are not altering it.  In fact, other photos in their series are more "steamy" than the one we selected.  I would think that your comment would be "don't take something not sexy and make it dirty or sexy" which I could certainly see could offend the model!  Here is the one we like... "Naked couple and sex" Stock photo and royalty-free images on Fotolia.com - Pic 86845696

               

              Can you clarify that using this image for a romance/thriller fiction book is within Adobe's terms?

               

              Thank you.

              • 4. Re: Can Adobe Stock Photos be used for Book Covers?
                MatHayward Adobe Employee

                No, I'm sorry but Adobe Stock images cannot be used on the cover of romance novels. I understand your point about the content of the image however it is still prohibited use.


                I'm sorry for the inconvenience,

                 

                Mat Hayward

                1 person found this helpful
                • 5. Re: Can Adobe Stock Photos be used for Book Covers?
                  AgoraVP Level 1

                  Thanks Mat.  Is the same true of Fotolia (owned by Adobe)?

                  • 6. Re: Can Adobe Stock Photos be used for Book Covers?
                    MatHayward Adobe Employee

                    Yes, the same is true with the Fotolia license. You need to purchase a license that allows for sensitive use. We do not have that option available anywhere at this time.

                     

                    -Mat

                    1 person found this helpful
                    • 7. Re: Can Adobe Stock Photos be used for Book Covers?
                      AgoraVP Level 1

                      I understand what you are saying but I wouldn't think that taking an image as-is of a couple engaging in romantic activities that are not pornographic makes it "Sensitive Use."  If you post photos of a couple in all kinds of sexual poses as this series does, how can you use that picture in a way that's NOT considered Sensitive Use?  This photographer's photos are pretty ... erotic?  sensuous?  What use of those photos would not violate the terms?

                       

                      And why don't your terms restrict this usage if that's the case?

                       

                      Is there any way to ask the photographer if there is an objection to the use?  I would think the model would love to be on a book cover if that's the kind of photos they are in!  Another stock site has an exception to the "sensitive use" policy that really seems to make sense for photos like this... "The sole exception to this restriction is any content where it is clear that the intended purpose of the image is to convey such a sensitive use."

                       

                      -Lorie

                      • 8. Re: Can Adobe Stock Photos be used for Book Covers?
                        AgoraVP Level 1

                        Hi.  Sorry if my frustration came through there.  I run a web and graphic design company and we were thinking of using Adobe stock as one of our suppliers of stock imagery but you've scared me that I could have a client violate your terms without knowing it.  This is our first request to design the cover of a romantic thriller but, based on reading your current terms, I would never have thought it would be a violation until I read your reply to David - especially if we had gone with an Enhanced License from Fotolia.

                         

                        Thanks for answering the thread.

                         

                        -Lorie

                        • 9. Re: Can Adobe Stock Photos be used for Book Covers?
                          WillEParkinson

                          Well, I'm glad my membership has expired. I won't be renewing it. To say that I cannot use a picture of a shirtless man on the cover of a book is ridiculous. He's posed, he's getting paid. He's doing a job he was hired to do. And technically, doesn't the photographer retain some of those rights?

                           

                          This whole thing is a mess. And by the way, romance books aren't 'sensitive subjects'. They're books, just like any others. This is a terrible decision by Adobe.

                          • 10. Re: Can Adobe Stock Photos be used for Book Covers?
                            WillEParkinson Level 1

                            "Another thing to keep in mind is that the use of the image cannot be perceived as offensive by a model featured in the image."

                             

                            This leaves every picture open to interpretation. Better not even to use your service, because we *MIGHT* cross a line somewhere. Like if we put a picture on a blue background and the model might be offended because blue isn't their color.

                             

                            I'm sorry, this policy is beyond ridiculous, as is Adobes stand on it.

                            • 11. Re: Can Adobe Stock Photos be used for Book Covers?
                              dylanc399527

                              I'm a director of Erotic Authors Guild and we represent the erotica genre (nearly 20% of the indie author community.) Can you clarify your remarks on this? This policy seems greatly open to interpretation. We also find it curious that the policy seemingly speaks for the models appearing in the photos. To my understanding, the photos are taken independently, then sold to Adobe as well as other stock photo repositories.

                               

                              How do you intend to resolve disputes under this section? Who determines whether a model has found the usage of a photo to be "offensive"?

                               

                              Speaking on behalf of the erotica genre as a whole, I would strongly suggest that you rethink and clarify this vague and stigmatized policy, otherwise we will take our business elsewhere.

                               

                              Dylan Cross

                              www.eroticauthorsguild.org

                              • 12. Re: Can Adobe Stock Photos be used for Book Covers?
                                JLDurfey

                                Hi, Mat,

                                 

                                To clarify, does this policy apply to all romance genres (contemporary, new adult, paranormal, historical, YA, etc.) or only steamy (erotic) romance?

                                 

                                Thanks,

                                 

                                Jen

                                • 13. Re: Can Adobe Stock Photos be used for Book Covers?
                                  dylanc399527 Level 1

                                  Either way it is a concern. I am director of the Erotic Authors Guild. Many members accepted the promotional offer for Adobe when Dollarphotoclub closed its doors. We were diligent and read the terms and conditions, which mentioned no issues with the photos being used for romance or erotica works. Now we find out a year later that there is some obscure policy, not properly disclosed in the terms and conditions, but rather appearing in a separate knowledge base. Basically, we just paid for a year subscription under false pretexts, for stock photos that we apparently can't even use. Does adobe plan to issue refunds for this?

                                   

                                  Dylan Cross

                                  www.eroticauthorsguild.org

                                  • 14. Re: Can Adobe Stock Photos be used for Book Covers?
                                    vasilikis59685182 Level 1

                                    Since the majority of readers and writers of romance tend to be women this seems to me to be highly discriminatory and quite a silly approach for Adobe to take. It's not just the erotic writers above (well said Mr Cross) but I'll be contacting the RNA in the UK, the Romance Writers of USA and Australia as well as ALLi (the Alliance of Independent Authors) to see what their takes on this are. Either way I'll be leaving Adobe- even if they backtrack.

                                    1 person found this helpful
                                    • 15. Re: Can Adobe Stock Photos be used for Book Covers?
                                      Dave Merchant MVP & Adobe Community Professional

                                      The model release template that Adobe themselves provide for Stock contributors via their help page:

                                       

                                      https://cs.ftcdn.net/releases/model/Releases-en.75b670826f3357dacacc36d2b3c2c7a7.pdf

                                       

                                      specifically waives the model's right to object to any uses of the image, and licenses the Artist to "...use the Content in any manner, form or medium, for any and all use whatsoever (except pornographic or illegal)..."

                                       

                                      The industry definition of those two terms is well-established and does not include the types of books being discussed here. Adobe is merely acting as the artist's agent, not a party to the contract with the model, and they cannot reactivate a waived right. Model releases exist for this very purpose.

                                      3 people found this helpful
                                      • 16. Re: Can Adobe Stock Photos be used for Book Covers?
                                        emilymarie

                                        Hi Matt,

                                         

                                        I'd like to use a photo for the cover of a workbook I'm creating for my client.  Is the standard license ($2.99) that I have purchased ok to use as long as she does not sell over 500k copies?  Or will she need to purchase one in her name separately?  Do we need to give credit in the workbook anywhere to Adobe?

                                        • 17. Re: Can Adobe Stock Photos be used for Book Covers?
                                          chrisd12671066

                                          Mat answered this question for someone else above as "The print run limit is 500,000 so the answer to your 3rd question is yes. You would need to purchase an additional license if you exceed 500,000 sales."

                                           

                                          It's the one I was looking for, too.