100 Cambridge Street, Suite 2200 Boston, MA 02114 617 456 8000 PrinceLobel.com Updated August 2014 This guide is meant to provide general guidelines only. It does not set out all terms for each license, and is not a substitute for consulting with counsel.
ThinkStock Image Subscription Agreement Source Copyrights Releases Limitations Rights During Subscription Term: - Grant of non-exclusive right to reproduce the images worldwide, in any media, for all purposes. EXCEPT: See Limitations ------> Rights After Subscription Term: - May continue to use images that were incorporated into a work during the subscription term. - May not use images that were merely stored during the subscription term. Editorial Use Only : - Images marked as Editorial Use Only may only be used in connection with pieces about newsworthy events or topics of general interest. - These images may not be used for any commercial, promotional, endorsement, advertising, or merchandising purpose, including advertorials. Downloading & Storing Images: - Number of downloads is determined by subscription plan. - Storage in a digital library is permitted, but stockpiling is not. - Must retain information embedded in electronic file containing original image. - Must take steps to safeguard against unauthorized access to digital library. - Thinkstock does not obtain releases and makes no warranty for images marked as Editorial Use Only. - For all other images, Thinkstock warrants that necessary model and/or property releases have been obtained. - Thinkstock will indemnify up to $10,000 per image. - Thinkstock warrants that use of images as specified in the license agreement will not violate copyright law. - No warranty of accuracy of metadata or information about image. Disclaimer Requirement: - If material featuring model or property is used in connection with an unflattering or unduly controversial subject, must state that (1) the material is being used for illustrative purposes only and (2) the person depicted, if any, is a model. - If material featuring a model is used in a manner that implies that the model endorses any product or service, must state that (1) the material is being used for illustrative purposes only and (2) the person depicted is a model. - Contact your lawyer if you re using an image in these ways. May not sell, license, redistribute images (on t-shirts, mugs, etc.), or make them available for download (e.g. as wallpaper). Limitations on Users: A user (the entity purchasing the license or an employee or subcontractor of that entity) may not share the license without purchasing a Seat License for each additional user(s). - May not reproduce an image more than 500,000 times per use. - If third party website/social media platform seeks to use image in a way that is prohibited by Thinkstock, must remove image from site/platform upon Thinkstock s request. Required Attribution & Statements: - Photo credit in editorial materials must include: [Photographer s Name]/ [Collection Name]/ Thinkstock, unless otherwise specified. Omission of photo credit may result in charge of up to 100% of the licensing fee. - Photo credit in audio/visual materials must be as prominent as other credits and must include: [Imagery] supplied by [Collection Name]/Thinkstock. - For use on website, terms of use must state that (1) the material may not be downloaded other than for personal use and (2) republication, retransmission, reproduction, or other use is prohibited. 2
istock Content License Agreement - Grant of perpetual, non-exclusive, right to use images worldwide, for editorial and commercial purposes. EXCEPT: See Limitations ------> Editorial Use Only : - Images marked as Editorial Use Only may only be used in connection with pieces about newsworthy events or topics of general interest. - These images may not be used for any commercial, promotional, endorsement, advertising, or merchandising purpose, including advertorials. - istock does not obtain releases and makes no warranty for images marked as Editorial Use Only. - For other images, istock warrants that all necessary model and/or property releases for other material have been obtained, and that use of images as specified in the license agreement will not violate copyright law. - No warranty of accuracy of metadata or information about image. - istock will indemnify up to $10,000 per image. Disclaimer Requirement: - If image is used in connection with an unflattering or unduly controversial subject (health issues, sexual activity or orientation, social issues, crimes), must state that (1) the material is being used for illustrative purposes only and (2) the person depicted is a model. Contact your lawyer if you re using an image in this way. - Image may not be used in a way that would lead others to believe that the person uses or endorses any product. - Contact your lawyer if you re using an image in these ways. May not sell, license, redistribute images (on t- shirts, mugs, etc.), or make them available for download (e.g. as wallpaper). Limitations on Users: - Only the entity purchasing the license may use the images. - The images may only be used at one time (though one back-up copy is permitted). Obtain an Extended License for multiple users. - May not reproduce an image more than 500,000 times per use. - If third party website or social media platform seeks to use image in a way that is prohibited by istock, must remove image from site/platform upon istock s request. Required Attribution: - Photo credit in editorial materials and audio/visual productions must include: istockphoto.com/ [Artist s Member Name]. 3
Getty Images Editorial, Rights-Managed and Rights-Ready Image and Video License Agreement* * Please note that other Terms and Conditions may apply to images from specific collections. - Grant of non-exclusive right to use images worldwide, for an unlimited duration. EXCEPT: See Limitations ---> Editorial Licensed Material : - Editorial Licensed Material may only be used in connection with pieces about newsworthy events or topics of general interest. - These images may not be used for any commercial, promotional, endorsement, advertising, or merchandising purpose, including advertorials. Electronic Storage: - Must retain copyright symbol, the name of Getty Images, the materials ID number, and other information contained in the original image. - May not make additional highresolution copies of the image, other than one high-resolution backup for security purposes only. - If a release has been obtained, this will be noted in the Rights and Restrictions section accompanying the image. Otherwise, Getty makes no warranty with respect to the names, trademarks, or works of art depicted in these images. - Getty will indemnify for damages, liabilities, and expenses arising out of claims by third parties. - Getty does not warrant the accuracy of captions or metadata. Disclaimer Requirement: - If material featuring model or property is used NOT in an editorial manner and in connection with unflattering or controversial subject, must state that (1) the material is being used for illustrative purposes only and (2) the person depicted is a model. - May not assign or sublicense rights to the image, or reproduce the image in secondary reproductions (e.g. social networking sites). - May not sell, license, redistribute images (on t- shirts, mugs, etc.), or make them available for download (e.g. as wallpaper). - Editorial Licensed Material may be cropped (so long as the editorial integrity is not compromised), but may not otherwise be altered. - May not modify Editorial Licensed Material specifically for viewing on mobile devices. This does not include material licensed for website use that may also be viewed via mobile devices. - If third party website or social media platform seeks to use image in a way that is prohibited by Getty, must remove image from site/platform upon Getty s request. Required Attribution & Statements: - Photo credit in editorial materials must include: [Photographer s Name]/[Collection Name]/Getty Images. Omission of photo credit may result in charge of up to 100% of the licensing fee. - Photo credit in audio/visual materials must as prominent as other credits and must include: [Video] [Imagery] supplied by [Collection Name]/Getty Images. - For use on website, Terms & Conditions must state that (1) the material may not be downloaded other than for personal use and (2) republication, retransmission, reproduction, or other use is prohibited. 4
Wikimedia Commons Governed by individual licenses Getty Images Embeddable Images Getty images are available for free embedded use for editorial purposes. If the embed feature is enabled for an image, you may embed that image on your website or social media platform. Getty may discontinue the embed feature at any time, and it may place advertisements in the embedded viewer. - Wikimedia Commons requires that all work uploaded to the database be made available under a perpetual, non-revocable license to republish and distribute the image for editorial and commercial purposes. - Copyright holders may use one of several licensing schemes approved by Wikimedia Commons, so long as they comply with the above terms. Many images are licensed under a Creative Commons, GNU, or Free Art licenses. Wikimedia Commons does not provide any releases or warranties. Share Alike : Use of some images may require you to distribute derivative works under the same licensing conditions as the original image. Attribution: - Attribution may be required. Format may be specified by the owner of the image. - Reasonable steps must be taken to identify changes made to adaptations to the original images. - Some images may be in the public domain. - Some materials may be subject to non-copyright restrictions (for example, privacy, publicity, and trademark laws.) 5
Dreamstime Royalty-Free License - Grant of right to download watermarked images to evaluate whether to purchase a license. - Grant of non-exclusive right to use non-watermarked images a limited number of times, for editorial or commercial purposes. - Images may be modified in any way required for reproduction, or incorporated into other works. EXCEPT: See Limitations ------> Editorial Use Only : - Images designated as editorial use only may not be used for commercial purposes. Images Containing People: - No model releases unless the image is designated as modelreleased. You should request that Dreamstime provide proof of a release and contact your lawyer if the image contains a person. - If use/endorsement of a product or service is implied, must state that (1) the person depicted is a model and (2) the material is being used for illustrative purposes only. - May not be used in connection with sensitive material (health issues, sexual activity or orientation, social issues, crimes, or other offensive/unflattering subjects). - If Dreamstime designates an image as model-released and no release has been obtained. - Dreamstime s liability is limited to the amount paid for using the image. - No warranty about accuracy of descriptions, third party rights or permissions, copyrights, or trademarks. - Do not use for print without purchasing the Royalty Free license. - Free images may not be reproduced more than 10,000 times. - Under Royalty Free license, images may be reproduced 500,000 times. - Generally ok to use on web. Image width may not exceed 800 pixels unless image is part of a design. - May not sell, license images, redistribute images (on t-shirts, mugs, etc.), or make them available for download (e.g. as wallpaper). Limitations on Users: A user (the entity purchasing the license or an employee or subcontractor of that entity) may not share the license without purchasing an Extended License. Required Attribution: - Copyright notice and credit line must be visible on images used in editorial context. - The format is specified on each Download page. 6
Other Twitpic Twitter Facebook Flickr Flickr users set their own licensing guidelines for their images. You can find this information under the License heading to the right of each image. Many images are licensed through Getty Images or Creative Commons. Images that are in the public domain are available at www.flickr.com/commons. Facebook does not provide third parties with any license to use images that its users post to the Facebook website. If you wish to use an image you find on Facebook, you may (1) seek permission directly from the person who posted it, or (2) check with your lawyer to make sure that your use of the image will fall under fair use. Twitter does not provide third parties with any license to use images that its users post to Twitter. If you wish to use an image you find on Twitter, you may (1) seek permission directly from the person who posted it, or (2) check with your lawyer to make sure that your use of the image will fall under fair use. You may not copy or save images posted to Twitpic. To use tweeted content for purposes other than retweeting, you must obtain advance permission from Twitpic and attribute credit to Twitpic as the source where you obtained the content. Alternatively, you may seek permission directly from the person who posted the image, or check with your lawyer to make sure that your use of the image will fall under fair use. If you would like to use an image that you find on a website or a blog, you may (1) seek permission directly from the person who posted it, or (2) check with your lawyer to make sure that your use of the image will fall under fair use. 7