Crestock images safe to use?

SteverdSteverd Member Posts: 194
Someone posted that Crestock images are safe/OK to use
in our videogames, But I did not see that listed in their
terms of use below or when I searched their full terms of use.

I am just trying to find the best/safest stock photo site
that we can use with out GS games.

------------------------------------------------
Permitted uses:

* website and blog illustrations
* web and screen-based advertising
* Printed advertising
* Printed documents
* Press and publishing editorial
* Book and CD covers
* Multimedia presentations
* Display advertising and signage
* Product packaging
* Educational materials
* TV, film and video productions
* Art prints or interior decoration not for resale
---------------------------------------------------------------

Comments

  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    Looks like nothing on that list is a profitable use for their images. Games could be considered Multimedia Presentations, but I don't think they consider it that. You may want to email them and get a definite answer, because it looks like their stuff is for commercial use, but not permitted for personal profit.
  • SteverdSteverd Member Posts: 194
    Here is the answer I just got from Crestock:
    Hmmm, so what does this all mean in English???

    Steve

    ------------------------------------------------------------------------
    Images purchased from Crestock can be used for any kind of application
    interface purpose, so long as they are not included in such a way that
    they can be deemed to be re-distributed to the end users.

    Generally, if an image is used for illustration purposes only within the
    application, then the base license will cover the usage. (For example -
    the image is used as a background or manipulable element like a button.)
    However, if the image is featured in a manner that drives the sale of the
    product, or is downloadable from the app or can be manipulated or
    otherwise "used" within the application (for example as an "e-card",
    wallpaper, or template that can be saved), then an extended license fee of
    $100 per image is normally required.

    We often get questions regarding use of images as iphone app icons as
    well. Use of the image as an icon does not constitute "logo" usage (which
    is not permitted) but it does meet the qualification of being "featured in
    a manner that drives the sale of the product" and thus would require an
    extended license fee of $100 per image.
  • SteverdSteverd Member Posts: 194
    OK, so is there really any stock photo site that lets you use their images in a video game without and extended licenses? Just with the basic $1-3 purchase?

    Steve
  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    Basically, it's saying you have to pay the $100 per image. Totally not worth it.

    Give this a look, there are a few places that you can get stuff for free from.

    http://gamesalad.com/wiki/resources#media
  • SteverdSteverd Member Posts: 194
    Thank you for the link, but it does list iStockphoto.
    Which if you read their License agreement, it looks like most of the other stock photo sites, in that their photos can't be use for resale, redistribution,

    http://www.istockphoto.com/license.php
    Goto #4
    Standard License Prohibitions
    # use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
    # use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);
    # use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

    Think we should remove iStockphoto that from wiki?
    Steve
    SlickZero said:
    Basically, it's saying you have to pay the $100 per image. Totally not worth it.

    Give this a look, there are a few places that you can get stuff for free from.

    http://gamesalad.com/wiki/resources#media

  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    Nah, it shouldn't be removed. The wiki page has sites that are paid, and some that are free. A little mix of both.
  • EatingMyHatEatingMyHat Member Posts: 1,246
    SlickZero said:
    Basically, it's saying you have to pay the $100 per image. Totally not worth it.

    Based on his answer, you can use the images as part of your game for the basic price (not the $100). Using an image in a game is not redistribution because you are not selling the image or allowing people to use the image outside of the game.

    However, you cannot use the image as part of your game icon, since usage within a logo is not permitted (require the $100 fee...).
  • expired_012expired_012 Member Posts: 1,802
    If people are able to open the .app file, they can easily from there gain access to all your STOCK graphics. Since stock graphics are open to anyone to buy, people can take the graphics in your file and use them for their own reasons for free.

    Wouldnt that be a re-distribution, but in an indirect way?
  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    @Gabbyr - True, but if he posted screenshots, then he would fall into that category of using the images for promotion of his game.

    @artonskyblue - That would be considered theft, anybody going into the game contents and taking the images and using them for their own profit is illegal.
  • expired_012expired_012 Member Posts: 1,802
    SlickZero said:
    @artonskyblue - That would be considered theft, anybody going into the game contents and taking the images and using them for their own profit is illegal.

    Yes I know that is illegal. What im trying to say is that since they are stock graphics which can be bought by anyone, how would anyone know if those graphics were stolen or bought?

    As long as you contact the artist and ask them i think you should be fine.
  • EatingMyHatEatingMyHat Member Posts: 1,246
    artonskyblue said:
    Wouldnt that be a re-distribution, but in an indirect way?

    No, because they are not using the app as you intended. They are breaking the rules, not you. The leading factor is what was the intended use by you and not actual use. However, if you submitted your app to a hacking site (vs. the App Store), you might be in breach.
    SlickZero said:
    @Gabbyr - True, but if he posted screenshots, then he would fall into that category of using the images for promotion of his game.

    If the screenshot includes an image as part of an overall screen, it is fair use. If the screenshot is the image, it is not. The key point is that the image should not be the key selling point (e.g. icon).
  • SlickZeroSlickZero Houston, TexasMember, Sous Chef Posts: 2,870
    @artonskyblue - I guess there is no real way without some investigation. If they see their image being used, they may be able to look up if you are someone that bought it. I doubt they have people doing that, so it basically boils down to ethics.

    @Gabbyr - That makes a lot of sense. You are right, thank you for that insight.
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