More “Which License Do I Need” ?

This posting is sort of a follow up to my article “Do I need an extended license?“.  I’ve seen some recent queries in the iStockphoto.com forums, and I’m going to review them here, and post some more when they come up.  I’m going to post my rationale behind the answers, which, from experience, seems to be pretty in line with the iStock support thinking.

E-Cards for a Client

I’m doing some e-cards for a web-based company. Do I need the extended license for istock files on this work?

The regular license clearly states you may use content for “advertising and promotional projects”.  What the original poster above terms “e-card” could probably be thought of as just a  “promotional email design”.  In this sense, the use falls within regular usage.  iStock is very clear on “e-cards” in the license as being prohibited, and they are referring to a website or such where  users send ‘greeting-type’ cards from the web based company’s site.

VERDICT: Regular License

Jewelry Design

I design and sell jewellery (pendants in particular) and use patterned paper, wrapping paper etc as the design features on the pendants. I’ve noticed that some of my competition use some istockphoto images in the same way. I wanted to ask whether this was actually allowed under the standard license? Can I use files on istockphoto for this purpose?

The regular license states you may not “use the Content in any … items for resale, license or other distribution for profit” (without an Extended License).  To clarify this point a bit more, in the section about permitted uses, it says:

For clarity, you may not use the Content in products for resale … unless … the original Content has been fundamentally modified or transformed … and where the primary value of such transformed or derivative work is not recognizable as the Content

While there is certainly value in the jewelry design and construction, it can be said that merely putting the content on the jewelry does not modify or transform it enough, and it also adds significant value.  Much like a calendar that showcases the content.  Also, as you can read in this linked thread, the official word from support is:

You may also create these unique pieces for personal use, however, if you wish to resell the final product then each image which you have installed within the design must have been purchased with an Items for Resale – limited run of 2 000 pieces of artwork Extended License.”

VERDICT: Extended License – Items for Resale

Icons in a Software Application

Does the license agreement for iStockphoto purchases allow me to embed an icon created from a purchased image inside an iPhone application that is sold on the Apple App Store?

So, we have a designed application, that someone wishes to sell.  Does using iStock content (icons) in this case require an Extended License for “Electronic Items for Resale”?  The answer is no.  The regular license states:

You may also purchase the option to resell the Content in an unlimited number of electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates.

This, however, does not apply here.  The poster is not creating a template for applications development.  He is actually creating an application.  Two different things.  In addition, the icons are not the primary content in the application, like you might find in a screensaver application.  Removing the content from this application would not greatly affect the value of the application.  And iStockphoto legal agrees:

…the consensus was that it would be ok provided it’s not a main selling feature

VERDICT: Regular License

Campus Cookbook

We are creating a campus cookbook that is going to be available to faculty and staff. However, we are considering selling it in our campus bookstore at cost (it will not make a profit). We would just like a way for our students to have access to the cookbook. Will I need an extended license for any images I may use in the cookbook?

The poster mentions “it will not make a profit”.  That is not a determining factor in whether an extended license is needed.  What is important, is that the regular license clearly allows books (in general): “entertainment applications, such as books and book covers”.

It also prohibits using the content in “items for resale, license or other distribution for profit”, though.  Here, one can infer that the statement is discussing items for resale where the primary value is derived from the content.  For example, a book consisting of only full page iStock photos derives its value from the content and would probably not fall under the regular license, while a cookbook’s value comes primarily from its recipes and text.

VERDICT: Regular License