4 Replies Latest reply on Jun 23, 2016 1:15 PM by lyn100

    Licensing

    lyn100 Level 1

      Hi

      I am wanting to create a number of posters for church windows and intended purchasing the art using an extended license. The church has circulated their guidelines as follows regarding the use of images from an image bank which, in effect, says 'don't use stock images because you could be sued'. I find this puzzling as thousands of businesses are purchasing and using stock art for publicity/marketing purposes featuring 'recognizable individuals'. Do they have a valid point, or are they being paranoid?

      Any information you can provide that I can share with them would be helpful.

      thanks.

      Lyn D.

       

      "Use of images obtained from third parties

      If you want to use an image that is owned by a third party, you need to get permission from the owner. We strongly discourage use of any images of recognizable individuals, even when such images are licensed from photo stock agencies. In many cases, the contracts that these agencies offer do not provide adequate legal protection in the form of model releases, or do not actually cover promotional or advertising uses, such as window displays. Incorrect use of photos can subject the creator of the display, as well as any church which shows the display, to legal liability.

      NOTE: It is possible to get into legal difficulty even when an image does not depict a person. For example, use of a Bible quote stating “If the Lord build not the house, they labor in vain who build it,” when placed next to a photo of a recognizable building, could be interpreted as defaming the architect or builders of such building. Please be mindful of how your displays could be interpreted by passers-by."

        • 1. Re: Licensing
          MatHayward Adobe Employee

          Hi Lyn,

           

          It will depend on the poster and how it is being used. Part of the license agreement for both the standard license and the extended license is that the image cannot be used in a manner that could be perceived as offensive by the model. If you are intending to make a poster that features a person and the message of the poster implies that person is of a certain religious persuasion that could potentially be offensive if they are not.

           

          If the above statement does not apply and you are making a poster for a specific church for display as advertisement or a one-off decoration then the standard license should be fine.

           

          If you are making a poster that is going to be made available for sale as a product then the extended license would be required.

           

          Please be sure to refer to the license agreements for specific details on allowable use.

           

          Kind regards,

           

          Mat Hayward

          • 2. Re: Licensing
            lyn100 Level 1

            Hi Mat

             

            Yes, I am aware that you can’t use the photos depicting the individuals in a negative manner (porn, etc.) but the wording on our posters would be quite ‘mild’ and we could include the line which reads something like ‘model used for illustrative purposes’ … So far as liability is concerned, is this the only issue? The guidelines I referred to seem to imply that unless I personally have permission from the individual in the pix, there could be problems. It was my understanding that all those individuals appearing in the images on the site for sale have already given their permission for the images to be used in publicity and advertising materials. Tx.

             

            L

            • 3. Re: Licensing
              MatHayward Adobe Employee

              Hi Lyn,

               

              I would recommend you review the terms of the license agreement and have legal counsel that represents you to do so as well to be certain that your use is compliant with the terms of the license agreement. As I had mentioned, if the poster implies the model is endorsing a religion or is an active member of the church and he or she is not, there is potential that the model can be offended and that could leave you or your client liable. My personal opinion would be that for this type of use it would be better to hire a photographer and model specific for the project. The rule is not specific to adult content as you had mentioned. The same rule could apply to political campaigns, medical conditions, drug or tobacco use, etc.

               

              I wish you the best of luck,

               

              Mat Hayward

              • 4. Re: Licensing
                lyn100 Level 1

                Hi Mat

                 

                I am trying to do this “If the reply above answers your question, please take a moment to mark this answer as correct by visiting: https://forums.adobe.com/message/8832275#8832275 and clicking ‘Correct’ below the answer” but can’t see how to do it as it says ‘no actions are available’

                 

                L

                 

                 

                 

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