I intend creating and selling posters using images from Adobe Stock and will be purchasing the extended licenses to do this. My lawyers have said that I need to get the following in writing:
(A) appropriate copyright licenses for use by myself and my customers;
(B) a warranty that recognizable individuals are model released; and
(C) a hold harmless and indemnification clause for any privacy and copyright claims which covers you and your Customers.
Questions: when I download an extended license do I get an invoice which documents (A) and (B) above?
And does the following para in the terms cover (C)?
7. Our Indemnification Obligations.
7.1 Our Duty to Indemnify. Provided that the Works are used in accordance with the Terms, we will defend any
third-party claim, action, or legal proceeding made against a person or entity (collectively, “Claim”) during the
term of the Terms to the extent the Claim alleges that your use of the Indemnified Work pursuant to these Terms
directly infringes the third party’s copyright, trademark, publicity rights, or privacy rights (“Infringement Claim”).
“Indemnified Work” means any Work that you have purchased and downloaded from the Website that has not
been modified, except a Work that (A) is part of our collection of free Works; (B) can otherwise be downloaded
without payment of credits or monetary compensation; or (C) any Editorial Works. We will pay you the damages,
losses, costs, expenses, or liabilities (collectively, “Losses”) directly attributable to an Infringement Claim and
which are either finally awarded by a court of competent jurisdiction against you or agreed to in a written
settlement agreement signed by us.
I saw response from someone on the forum saying: All assets containing recognizable people are uploaded with a signed model release allowing the image to be used commercially within the limits of the license agreement. So is this available in writing?
Also: If I use images of individuals is it wise to always say something to the effect "image provided for illustrative purposes only"?
And I note that it is not necessary to print a credit, but would this be a wise thing to do.
As you can see I am trying to protect myself as much as possible.