3 Replies Latest reply on Aug 10, 2016 4:54 PM by RR-16

    Adobe stock images

    tkkwant

      Under the Terms of Use I see I can use the stock images for social media. If I modify the image, like put a quote on top of it, do I still need to add the copyright onto the photo--for social media sharing purposes?

        • 1. Re: Adobe stock images
          Rajashree Bhattacharya Adobe Employee

          Can you please check the information in http://www.adobe.com/content/dam/acom/en/legal/servicetou/Adobe_Stock_Terms-en_US_20160616 .pdf

           

          It does describe the usage of website under different circumstances.

           

          Regards

          Rajashree

          1 person found this helpful
          • 2. Re: Adobe stock images
            RR-16

            No, the Adobe Stock Additional Terms (same link as above) do not address the use of modified images on social media. The terms only provide the following with respect to unmodified Works:

             

            An "unmodified" version of the image may be used on social media if a copyright photo credit is added and if the social media site does not prohibit such a use. See 4.5. This does not address the use of a "modified" work on social media (such as an image with text added to it).

             

            The Terms address modified works, but not in terms relevant to social media. Here are a few examples:

             

            Section 3.1 grants a license to "use, reproduce, modify, [and] display the Work for marketing, promotional . . . purposes, subject to further restrictions in Section 4 . . . ." Sounds good so far.

             

            Section 3.4 allows the transfer of "permitted derivative works" to employees or subcontractors if they abide by Terms. This provision makes reference to "permitted derivative works," indicating such may be permissible in other contexts, such as social media. But what are permitted derivative works?

             

            Section 4.1(A) restricts licensing or distributing derivative or modified versions of the work in such a way that a third party could "use, download, extract, or access the Work as a stand-alone file . . . ."  But a flattened, raster, modified image is unable to be separated such that the original "stand-alone" file can be extracted or used. So again, a modified work on social media seems permissible.

             

            The strongest argument for permissible modification in social media is in 4.2(B), which states that modification is a requirement for images incorporated into an item of merchandise. But does this apply to social media? It doesn't say. All it says is that in a merchandise context, the Work must (1) be "modified to the extent that the modification is not substantially similar to the original Work and can qualify as an original work of authorship, or (2) the primary value of the item of merchandise does not lie with the Work itself." If this applies to social media, then a meme would only be allowed if it becomes its own work of art, or if its value lies in the words rather than the image (i.e., people share it because of the message, not just to share the nice image).

             

            Of course, an image cannot be modified in any way that is slanderous, defamatory, obscene, or indecent (see 4.1(C)). And Editorial Works cannot be modified, except for minor adjustments (see 4.3(B)). But that is all the Terms say about modification.

             

            The questions still remain:

            1. Can I modify an Adobe Stock image for use on social media?

            2. If so, do I need to include an image credit?

            • 3. Re: Adobe stock images
              RR-16 Level 1

              No, the Adobe Stock Additional Terms (same link as above) do not address the use of modified images on social media. The terms only provide the following with respect to unmodified Works:

               

              An "unmodified" version of the image may be used on social media if a copyright photo credit is added and if the social media site does not prohibit such a use. See 4.5. This does not address the use of a modified work on social media (such as an image with text added to it).

               

              The Terms address modified works, but not in terms relevant to social media. Here are a few examples:

               

              Section 3.1 grants a license to "use, reproduce, modify, [and] display the Work for marketing, promotional . . . purposes, subject to further restrictions in Section 4 . . . ." Sounds good so far.

               

              Section 3.4 allows the transfer of "permitted derivative works" to employees or subcontractors if they abide by Terms. This provision makes reference to "permitted derivative works," indicating such may be permissible in other contexts, such as social media. But this provision deals with an employment/contractor context, not social media. And what are permitted derivative works?

               

              Section 4.1(A) restricts licensing or distributing derivative or modified versions of the work in such a way that a third party could "use, download, extract, or access the Work as a stand-alone file . . . ."  But a flattened, raster, modified image is unable to be separated such that the original "stand-alone" file can be extracted or used. So again, a modified work on social media seems permissible.

               

              The strongest argument for permissible modification in social media is in 4.2(B), which states that modification is a requirement for images incorporated into an item of merchandise. But does this apply to social media? It doesn't say. All it says is that in a merchandise context, the Work must (1) be "modified to the extent that the modification is not substantially similar to the original Work and can qualify as an original work of authorship, or (2) the primary value of the item of merchandise does not lie with the Work itself." If this applies to social media, then a meme would only be allowed if it becomes its own work of art, or if its value lies in the words rather than the image (i.e., people share it because of the message, not just to share the nice image).

               

              Of course, an image cannot be modified in any way that is slanderous, defamatory, obscene, or indecent (see 4.1(C)). And Editorial Works cannot be modified, except for minor adjustments (see 4.3(B)). But that is all the Terms say about modification.

               

              The questions still remain:

              1. Can I modify an Adobe Stock image for use on social media?

              2. If so, do I need to include an image credit?