Author Topic: Free Photos Morguefile (Read 1342 times)

Uncle Pete · « **on:** April 23, 2012, 08:34 »

http://morguefile dot com/

Interesting that when one does a search, Dreamstime pops up at the bottom. There's also a request section, PhotoKoi which keeps changing images and requests.

What I don't understand is how this site has thousands of copyrighted photos, trademarked (search for Porsche or Ferrari for example) http://www.morguefile.com/archive/browse/#/?qury=ferrari&terms_all=ferrari both protected subjects and the site claims everything is free?

Mark me suspicious that there's something not right here?

free image hosting

Anyone see their photos here?

ANyone want to write to the lady spreading this source for free photos and clue her in: I'm going to right now...

http://www.komando.com/downloads/category.aspx?id=12410&utm_medium=nl&utm_source=dotd&utm_content=2012-04-23-article&utm_campaign=title

I wrote Kim an email pointing out the trademark and copyright problems. I wonder if her staff will do anything, or just keep supporting this illegal sharing site?

Like the rest of them, AT&T, eBay and the biggies, there's no way to just write an email. But the one that looked usable was contact us about advertisers. It's all about the "radio show" and not the email newsletter. If anyone wants to write: http://www.komando.com/contact.aspx

Sean Locke Photography · « **Reply #1 on:** April 23, 2012, 08:49 »

Quote from: RacePhoto on April 23, 2012, 08:34

I wrote Kim an email pointing out the trademark and copyright problems. I wonder if her staff will do anything, or just keep supporting this illegal sharing site?

Morguefile is not a new site. I don't think there's anything wrong with just posting images of things online.

"The purpose of this site is to provide free image reference material for illustrators, comic book artist, designers, teachers and all creative pursuits."

I couldn't find anywhere in the terms that says they are providing "stock photos".

Uncle Pete · « **Reply #2 on:** April 23, 2012, 09:03 »

Quote from: sjlocke on April 23, 2012, 08:49

Quote from: RacePhoto on April 23, 2012, 08:34
I wrote Kim an email pointing out the trademark and copyright problems. I wonder if her staff will do anything, or just keep supporting this illegal sharing site?

Morguefile is not a new site. I don't think there's anything wrong with just posting images of things online.

"The purpose of this site is to provide free image reference material for illustrators, comic book artist, designers, teachers and all creative pursuits."

I couldn't find anywhere in the terms that says they are providing "stock photos".

This part bothers me.

You are free:

Remix — to adapt the work.
Commercial — to use this work for commercial purposes.
Without Attribution — to use without attributing the original author.

http://morguefile.com/license/morguefile/

Then they go on to claim:

I. LICENSE GRANT
1.1 Licensor hereby grants to morgueFile and its affiliates a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right and license to: (a) store and archive the photographs and other materials provided by Licensor to morgueFile (the "Photos"), (b) publish the Photos and otherwise exercise all rights under copyright law with respect to the Photos, including but not limited to the right to reproduce, market, advertise, use, publicly perform, display, transmit and distribute (directly and indirectly) the Photos as part of the Service of providing photos and similar materials to third parties (the "Service"), and (c) license and sublicense the Photos to third parties ("Subscribers") via the Service.

1.2 Without limiting the generality of Section 1.1, Licensor acknowledges that morgueFile may sublicense Subscribers to use and publish the Photos in magazines, greeting cards, advertisements, brochures, on the Internet and in all other media, both in print and electronically. The only limitation on morgueFile's right to sublicense shall be that morgueFile shall include in its agreements with Subscribers a limitation prohibiting Subscribers from publishing any Photos on a standalone basis.

Which is leading people to believe the photos are FREE to use as they please.

ShadySue · « **Reply #3 on:** April 23, 2012, 09:04 »

Quote from: sjlocke on April 23, 2012, 08:49

Quote from: RacePhoto on April 23, 2012, 08:34
I wrote Kim an email pointing out the trademark and copyright problems. I wonder if her staff will do anything, or just keep supporting this illegal sharing site?

Morguefile is not a new site. I don't think there's anything wrong with just posting images of things online.

"The purpose of this site is to provide free image reference material for illustrators, comic book artist, designers, teachers and all creative pursuits."

I couldn't find anywhere in the terms that says they are providing "stock photos".

I didn't think that using a free stock photo comp as an 'image reference' for an artist would go down well with the agencies.

Sean Locke Photography · « **Reply #4 on:** April 23, 2012, 09:16 »

Who said anything about stock?

"The purpose of this site is to provide free image reference material for illustrators, comic book artist, designers, teachers and all creative pursuits."

cclapper · « **Reply #5 on:** April 23, 2012, 09:34 »

I believe that morguefile is a partner of DT. When I do a search for a couple of my top images, I get a page of free images with a FREE tab at the top. Next to it, is a tab for DT, for images that aren't free. If I click on a DT image, it takes me to the DT site. Perfectly legit.

Morguefile has been around for a long time (as someone has already said). I figured that the free images were ones in the public domain.

Are the licensing terms applying to only the FREE images? That's how I interpret it anyway. Since they're sending buyers to the DT site to purchase directly, those terms apply.

ShadySue · « **Reply #6 on:** April 23, 2012, 09:35 »

Quote from: sjlocke on April 23, 2012, 09:16

Who said anything about stock?

"The purpose of this site is to provide free image reference material for illustrators, comic book artist, designers, teachers and all creative pursuits."

yeah, sorry, I misinerpreted Race's post without checking out the site.
CClapper is right, I'm sure; they're a partner of DT. IS has some similar 'partners'.

Uncle Pete · « **Reply #7 on:** April 23, 2012, 09:57 »

Quote from: ShadySue on April 23, 2012, 09:35

Quote from: sjlocke on April 23, 2012, 09:16
Who said anything about stock?

"The purpose of this site is to provide free image reference material for illustrators, comic book artist, designers, teachers and all creative pursuits."

yeah, sorry, I misinerpreted Race's post without checking out the site.
CClapper is right, I'm sure; they're a partner of DT. IS has some similar 'partners'.

For both of you, and see the image at the top with all the free sites listed on Morguefiles, it's promoting a long list of free sites. If this is a DT partner, fine, that's legal. What about the rest of the FREE images?

But one person look at Ford, Ferrari, Porsche and the people images and tell me how you can have a rights free use allowed when the first case they are trademarked designs and the second, no model release. ...perpetual, irrevocable, worldwide, royalty-free right and license

But I can use them as, Photos in magazines, greeting cards, advertisements, brochures, on the Internet and in all other media, both in print and electronically. Really?

All the people in those photos, the women, children and men, have no rights or rewards for the use of their images?

"morgueFile free photo You are allowed to copy, distribute, transmit the work and to adapt the work. Attribution is not required. You are prohibited from using this work in a stand alone manner."

Sean Locke Photography · « **Reply #8 on:** April 23, 2012, 10:05 »

Quote from: RacePhoto on April 23, 2012, 09:57

For both of you, and see the image at the top with all the free sites listed on Morguefiles, it's promoting a long list of free sites. If this is a DT partner, fine, that's legal. What about the rest of the FREE images?

That isn't their problem. They are just links.

Quote

But one person look at Ford, Ferrari, Porsche and the people images and tell me how you can have a rights free use allowed when the first case they are trademarked designs and the second, no model release. ...perpetual, irrevocable, worldwide, royalty-free right and license

But I can use them as, Photos in magazines, greeting cards, advertisements, brochures, on the Internet and in all other media, both in print and electronically. Really?

All the people in those photos, the women, children and men, have no rights or rewards for the use of their images?

Again, I'm not seeing any terms like that anywhere on the site. The terms seem to intentionally not say what they can be used for, unless I missed it.

Uncle Pete · « **Reply #9 on:** April 23, 2012, 10:37 »

Quote from: sjlocke on April 23, 2012, 10:05

Quote from: RacePhoto on April 23, 2012, 09:57
For both of you, and see the image at the top with all the free sites listed on Morguefiles, it's promoting a long list of free sites. If this is a DT partner, fine, that's legal. What about the rest of the FREE images?

That isn't their problem. They are just links.

Quote
But one person look at Ford, Ferrari, Porsche and the people images and tell me how you can have a rights free use allowed when the first case they are trademarked designs and the second, no model release. ...perpetual, irrevocable, worldwide, royalty-free right and license

But I can use them as, Photos in magazines, greeting cards, advertisements, brochures, on the Internet and in all other media, both in print and electronically. Really?

All the people in those photos, the women, children and men, have no rights or rewards for the use of their images?

Again, I'm not seeing any terms like that anywhere on the site. The terms seem to intentionally not say what they can be used for, unless I missed it.

What do I have some special access and only I can see this?

image hosting adult

jpg upload

Legal button: http://morguefile.com/license/morguefile/

Full License: http://morguefile.com/license/morguefile/free_photo.html

Please someone read the full legal license. Then come back at me with how this is just for research or how it's legal. Especially this part... (bold)

This License Agreement ("Agreement") is by and between morgueFile, Inc., a corporation with offices at 21 Nelson Street, Clifton N.J. 07013 ("morgueFile") and the company and/or individual entering into this Agreement ("Licensor").

I. LICENSE GRANT
1.1 Licensor hereby grants to morgueFile and its affiliates a nonexclusive, perpetual, irrevocable, worldwide, royalty-free right and license to: (a) store and archive the photographs and other materials provided by Licensor to morgueFile (the "Photos"), (b) publish the Photos and otherwise exercise all rights under copyright law with respect to the Photos, including but not limited to the right to reproduce, market, advertise, use, publicly perform, display, transmit and distribute (directly and indirectly) the Photos as part of the Service of providing photos and similar materials to third parties (the "Service"), and (c) license and sublicense the Photos to third parties ("Subscribers") via the Service.

1.2 Without limiting the generality of Section 1.1, Licensor acknowledges that morgueFile may sublicense Subscribers to use and publish the Photos in magazines, greeting cards, advertisements, brochures, on the Internet and in all other media, both in print and electronically. The only limitation on morgueFile's right to sublicense shall be that morgueFile shall include in its agreements with Subscribers a limitation prohibiting Subscribers from publishing any Photos on a standalone basis.

II. CONSIDERATION
2.1 There are no fees under this Agreement.

Uncle Pete · « **Reply #10 on:** April 23, 2012, 10:38 »

Cliff Note Version:

Full License: http://morguefile.com/license/morguefile/free_photo.html

Sean Locke Photography · « **Reply #11 on:** April 23, 2012, 11:50 »

Ah, ok.

Well morguefile hands it all off to the downloader:

"4.1 Licensor represents, warrants and covenants that: (i) it has and will have all rights, titles, licenses, permissions and approvals necessary to perform its obligations under this Agreement and to grant morgueFile the rights granted in this Agreement and (ii) the Photos provided by Licensor and their use by morgueFile as contemplated by this Agreement do not and will not infringe, violate or in any manner contravene or breach any patent, copyright, trademark, license or other property or proprietary right or constitute the unauthorized use or misappropriation of a trade secret of any third party."

It's not really illegal to just distribute images for free, I don't think. It's the use that violates things.

Uncle Pete · « **Reply #12 on:** April 23, 2012, 14:55 »

Quote from: sjlocke on April 23, 2012, 11:50

Ah, ok.

Well morguefile hands it all off to the downloader:

"4.1 Licensor represents, warrants and covenants that: (i) it has and will have all rights, titles, licenses, permissions and approvals necessary to perform its obligations under this Agreement and to grant morgueFile the rights granted in this Agreement and (ii) the Photos provided by Licensor and their use by morgueFile as contemplated by this Agreement do not and will not infringe, violate or in any manner contravene or breach any patent, copyright, trademark, license or other property or proprietary right or constitute the unauthorized use or misappropriation of a trade secret of any third party."

It's not really illegal to just distribute images for free, I don't think. It's the use that violates things.

Also so true, I saw that. In other words, we're going to pretend all these photos are free and you can use them and do anything you want. But if you get sued, we don't know Nuttin' about Nuttin', you are on your own. Nice double talk evading any responsibility. Calling them all rights free and with perpetual licenses and allowed for commercial use including, cards, products and websites, is leading people into lawsuits. Then MF (ha ha) says they aren't responsible for use?

This part also has them bowing out of any responsibility or claims.

V. INDEMNIFICATION
5.1 Licensor, at its expense, will indemnify, defend and hold harmless morgueFile and its affiliates and their officers, directors, managers and employees, (collectively, the "Licensee Indemnified Parties") from and against any claims, losses, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, based on or arising out of any claim that the Photos or any portion thereof, or the use thereof, constitute an infringement, violation, contravention or breach of any patent, copyright or trademark or constitutes the misappropriation of a trade secret of any third party or otherwise violates the publicity or other property or proprietary rights of any third party.

MF'ers beware.

cclapper · « **Reply #13 on:** April 23, 2012, 15:05 »

Quote from: ShadySue on April 23, 2012, 09:35

yeah, sorry, I misinerpreted Race's post without checking out the site.
CClapper is right, I'm sure; they're a partner of DT. IS has some similar 'partners'.

No kidding. I came across a bunch of free istockphoto images being given away for free on the microsoft office site.

Uncle Pete · « **Reply #14 on:** April 23, 2012, 15:19 »

Quote from: cclapper on April 23, 2012, 15:05

Quote from: ShadySue on April 23, 2012, 09:35
yeah, sorry, I misinerpreted Race's post without checking out the site.
CClapper is right, I'm sure; they're a partner of DT. IS has some similar 'partners'.

No kidding. I came across a bunch of free istockphoto images being given away for free on the microsoft office site.

Yeah sorry for the confusion, but if you searched the "free" section you would see the infringing photos. Of course there's no issue with the links or partner program on Morguephoto. It was only about the FREE photos, including trademarked material, people, without model releases and many other types of infringing images, claimed to be Rights Free, royalty free and free to use for products and commercial use. I was mixing it up, causing confusion, with including "hey look at how many free sites there are..." which was a completely different observation.

Doesn't Microsoft license the free IS shots somehow? I don't even have a clue how that worked, but I thought they paid some fee up front? Not that I'd have anything there, but wouldn't someone else have gotten an EL? Or is that considered redistribution, so it's supposed to be impossible?

Catch the small note in the email from IS. Vetta images were being licensed on products through Zazzle and Cafe Press? Doesn't effect me, but I wonder how much people were getting paid for that?

ShadySue · « **Reply #15 on:** April 23, 2012, 16:23 »

Quote from: cclapper on April 23, 2012, 15:05

Quote from: ShadySue on April 23, 2012, 09:35
yeah, sorry, I misinerpreted Race's post without checking out the site.
CClapper is right, I'm sure; they're a partner of DT. IS has some similar 'partners'.

No kidding. I came across a bunch of free istockphoto images being given away for free on the microsoft office site.

Oh yeah, that's all right. We were waiting for an explanation.
On 4th April, in response to a long thread of concern, Lobo posted:
"The HQ update will be sent next week. I have been chomping at the bit for information since this came up so please rest assured we are well on our way to providing it. We don't want to half-bake our response so it's taking more time than we had anticipated.

That said I have been assured we will have something that is thorough prepared for Wed(April 11)/Thursday(April 12).

So today, on 23rd April, we get our "fully baked response" to the issue, which is:
"There have been problems with certain images available through partnerships we have with Microsoft, involving hi-res file availability and broken image links. We are working to isolate and correct the affected files."

You couldn't make it up, and I guess there is no-one alive who could ~~spin~~ bake the Microsoft thing into a positive.

Sadstock · « **Reply #16 on:** April 24, 2012, 13:12 »

Morguefile is a DT partner - http://www.dreamstime.com/thread_24427

http://www.microstockgroup.com/general-stock-discussion/a-list-of-partner-programs/

Uncle Pete · « **Reply #17 on:** April 24, 2012, 14:26 »

Quote from: Sadstock on April 24, 2012, 13:12

Morguefile is a DT partner - http://www.dreamstime.com/thread_24427

http://www.microstockgroup.com/general-stock-discussion/a-list-of-partner-programs/

Let me try to straighten this out.

1) Yes they are a DT partner. Good for them, nothing wrong with that.

2) Yes they have links to other free sites, nothing wrong with that.

3) They offer Trademark images, photos of people and street photos, including some "candid" photos and street photos of women, unreleased, and claim that anyone can use them Rights Free, including commercially, for free. This is their search on their site, not some other agency or partner search,. They host they make the promises and then in the contract say, they are not responsible for any legal actions.

"You are allowed to copy, distribute, transmit the work and to adapt the work. Attribution is not required. You are prohibited from using this work in a stand alone manner."