iStockphoto

robz

Hi

I have read on this forum that you need to get the extended license from istockphoto if you want to use one of their images in a game. Well i found one i wanted to use and emailed them to se if the standard license would be OK, here is what they said:

Issue/Question:
Hi,
I have found an image on your site that i would like to use as a background to an iphone game. The image itself does not take any part in the game and is only for the intro and menu screen. This will be my first game and i do not think i will sell many. Please advise if the standard license will cover this use.

Thank you

--

Comment:
Hi,

Thanks for contacting us.

According to our contract, the image can be used in this way.

Referring back to our Standard License Agreement, where this kind of use is mentioned under the permitted uses:

3. Permitted Standard License Uses

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).

3. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640x480 for video Content;

www.istockphoto.com/license.php

Feel free to contact us again if you have further questions.

Best wishes,

iStockphoto

-------------------------------------------------------
i am now confused, could anyone help, will the standard license do the job

robz

Hi

I did say i would be selling it ("This will be my first game and i do not think i will sell many")

butterbean

I've used istockphoto images using the standard license, and I emailed them several times confirming that it was okay to use the images in a game, even as a main character if you like

The only thing you can't do with a standard license is:

Use the image as a logo or branding for your app

So don't take an image and put it as the icon, however you can use it as the title screen no problem!

You can also alter the images, animate them, and do whatever, again, as long as you're not using it for branding purposes.

robz

Thanx, its good to know about the icon - i was going to use it for that as well but not now.

rebump

Butterbean to the rescue!

butterbean

lol rebump

I know I was really nervous about the legal stuff with istockphoto, but it seems that most of the image websites like dreamstime, vectorstock, and istockphoto all have the same policy, purchasing their images for logos and branding is way overpriced, because you have to buy the rights to the image

rebump

Run with what butterbean/robz have said until the website contacts your via their attorney. Then you just refer them to this thread and add "I guess I won't be doing it again, now that you put it that way." :-)

butterbean

I think that means if you're selling books, dvd's, or cd covers, that if you purchase the extended license (unlimited run), you can print out as many as you want as oppose to the standard license where you can print and sell no more than 499,000

synthesis

Its my understanding that iStock photos can be distributed when "used" as part of something else. The primary thing that you cannot do is sell the image as an image and represent the image as your own original image. IStock (and the photographer) still own the image...you are just licensing the "use" of the image.

fatmike

Interesting stuff.

I'd previously read this page: http://www.istockphoto.com/license_comparison.php

And was put off by the following:

"Items for resale, including prints, posters, calendars, mugs, mousepads, t-shirts, games, etc.

Standard license: No"

But Robz email does appear to say it is acceptable to use the standard license which is great news.

robz

well looks like i am back in the world of confusion again.

butterbean

Robz, I have several emails from them, and I don't think they've changed their policy, as long as you're not using images for branding purposes, you're in the green

robz

Thanx butterbean.

butterbean

Robz, and the post above that fatmike was referring to regarding mugs, posters, calendars, and GAMES, that is referring to any art you use on the "cover" of a game, like the cd cover of a psone game for example, and not to iphone games

There is no limit to how much and how often you use images as long as they aren't used for branding purposes, but when you use art on the cover of something, or to decorate something, then I think it's limited to so many numbers of those items, like under 499,000

If you purchase the extended license, then you can print out as many as you want

But for iphone games, that doesn't apply

missm

Hi,
I don't want this to sound mean but...

You can NOT use standard license in games or electronic
downlaodables according to the cheap standard license.

If you want I can confirm in the istock forums, since I'm a contributor there for many years.
I also belong to other clipart companies and they all have same restrictions and extended licenses.

Read the agreements again, you don't want their lawyers calling you.

CHECK THIS FROM ISTOCK

"...Standard License Prohibitions

use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;..."

It seems to me this is another clause that would relate to mobile games, or other file sharing platform.

.....I forgot to add,
if you get an extended license, then you most likely can use with Iphone....Just read the license to confirm that.

butterbean

missm

Appreciate your feedback and I'll look into it, but I was VERY detailed in my questions to istockphoto themselves, and they themselves said to me in an email that you can use images with the standard license for iphone games so long as they're not used for branding or logos.

I confirmed this with them on 3-4 different emails, asking 5 different ways

I will recheck with them again and post here

butterbean

In fact, here is an email from a worker in customer relations:

Here is an answer to a question I asked him about purchasing graphics for use in games

None of us here are making 500,000 downloads, and if we were, we would purchase the extended license agreement

Also, to clarify what you wrote above, they don't want the "purchaser" of the game to be able to download the content from istockphoto for use, that is what is prohibited

**use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;..."**
This again is referring to users being able to download the images for use, or SHARING of images, not the applications themselves.

Using the images in applications or games is perfectly fine with the standard license agreement as noted in the letter below, so long as it doesn't exceed 500,000 downloads.

I personally clarified this many times and would not try to avoid giving credit to artists as their work is very important and vital to the gaming community.

Hello

Thank you for your message.

If the image is going to be used as an icon for a video game, then the Standard License will cover the usage as long as the final user doesn't have the option to download the iStockphoto files. The iStockphoto image must be incorporated as a design element within the application.

Please note that the image cannot be used as the icon that identifies the application itself as this would be considered branding or logo usage.

Maximum size the image can be is 800 x 600 pixels.

You would be limited to 500,000 reproductions/downloads.

More than 500,000 will require the following Extended License:

1. Reproduction / Print Run Limits
The Standard License Agreement limits the amount of times you may print the Content to 500,000 reproductions. By purchasing this extension, you can make an unlimited number of reproductions.

The price of the Extended License is 125 credits per image.

Please, let us know if you have any questions.

Sincerely,

Stephen Magusiak
iStockphoto
Client Relations
Toll-free 1-866-478-6251
International toll free 00-800-6664-6664
Ph: 403-265-3062

butterbean

I emailed Stephen from istockphoto to clarify once again what the standard license agreement terms are with applications and games, but I think that email pretty much clears it up.

****use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement****

To clarify this again, that means if a user downloads an application with an istock image in it, and they are able to download that image under file sharing or to use that image, then that is not okay with the standard license agreement.

However, a user may download an application or game that contains an image from istockphoto, that used the standard license agreement, so long as the total downloads to not exceed 500,000

If we were that lucky to have that many downloads, trust me we'd be downloading the extended agreement

My partner is also an attorney and has read the terms, and has also seen the email from customer relations, and agrees that the standard license agreement applies.

Phew, if that doesn't clarify things, I don't know what will.

missm

Hey there tshirtbooth,

You are a istock contributor too! Cool!

butterbean, for sure that clarifies..

by the way wouldn't it be nice to have 500.000 ahahahah...

butterbean

Missm
I like your avatar ! Did you draw that?
Are you offering services for artwork on here? Would love to see your work!