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Microstock Photography Forum - General => General Stock Discussion => Topic started by: pauloresende on January 05, 2009, 04:46

Title: Pictures from earth
Post by: pauloresende on January 05, 2009, 04:46
I need to now if i can use photos from NASA of the Earth (the globe) in stock!
I see a lot of stock photos with the globe in a hand or similar, and i like to now if that photo (the globe) came from NASA or is photoshop created.

Title: Re: Pictures from earth
Post by: Peter on January 05, 2009, 05:34
ask NASA.  ;D
Title: Re: Pictures from earth
Post by: pauloresende on January 05, 2009, 05:38
I don´t think that they will answer!!! " Stop right now that investigation on the rock from another planet and go answer right now to Paulo about the pictures that we take from Earth!" :)
Title: Re: Pictures from earth
Post by: bittersweet on January 05, 2009, 08:50
They can be used, though istock requires that they (now) be a completely new work from the image downloaded from NASA. There are probably still images that have been taken straight from there, dusted off a bit, and uploaded for sale... but these are (supposedly) in the process of being deactivated in accordance with the new policy.
Title: Re: Pictures from earth
Post by: madelaide on January 05, 2009, 10:04
I once emailed NASA about this, because I thought it quite stange that people could use their images and even resell them.  One thing is allowing free personal use, another is people making money out of their images.  But I never received a reply. 

If you read the terms somewhere in their gallery, it does seem indeed that people can use them freely, as long as no association with NASA is made.  I think they are wrong in letting people make money out of their images for free, but...

Regards,
Adelaide
Title: Re: Pictures from earth
Post by: araminta on January 05, 2009, 10:24
These are pictures taken with telescopes paid by public money: it is not that silly to let anybody use them freely. Well... at least any US citizen :)


Title: Re: Pictures from earth
Post by: madelaide on January 05, 2009, 11:00
I agree that people can use them freely, but not make money out of them - even US citizens.  Even if the money coming from licensing images is minimal for their budget, I think images should be licensed for commercial use.

Are the results of medical, engineering, agricultural and any other government-funded research also freely available to the public? 

Regards,
Adelaide
Title: Re: Pictures from earth
Post by: araminta on January 05, 2009, 11:41
Are the results of medical, engineering, agricultural and any other government-funded research also freely available to the public? 

NASA pictures are scientific results and I think scientific knowledge resulting from government-funded research is freely available. But I may be wrong in some cases: I didn't think a lot about it and I'm not an US citizen  :)

Roads are also freely available.

Same story with ancient music, litterature and art which is not copyrighted: you can take a picture of Leonardo da Vinci's "Mona Lisa" and sell it.

Not everything should be copyrighted in this world  ;)

It would be a shame not to be able to purchase a calendar with NASA most beautiful pictures and I don't think it is part of NASA role to sell calendars.

Hopefully God did not copyright the beauties of nature: NASA does not create the Helix Nebula or the Andromeda Galaxy.

Title: Re: Pictures from earth
Post by: pauloresende on January 05, 2009, 12:30
I don´t want to download a picture from NASA and sell it.
But i think were did people that shell pictures like this http://www.istockphoto.com/file_closeup/concepts-and-ideas/emotions/1735577-in-the-palm-of-my-hand.php?id=1735577 (http://www.istockphoto.com/file_closeup/concepts-and-ideas/emotions/1735577-in-the-palm-of-my-hand.php?id=1735577). Get the Earth image.
Title: Re: Pictures from earth
Post by: bittersweet on January 05, 2009, 13:29
I don´t want to download a picture from NASA and sell it.
But i think were did people that shell pictures like this [url]http://www.istockphoto.com/file_closeup/concepts-and-ideas/emotions/1735577-in-the-palm-of-my-hand.php?id=1735577[/url] ([url]http://www.istockphoto.com/file_closeup/concepts-and-ideas/emotions/1735577-in-the-palm-of-my-hand.php?id=1735577[/url]). Get the Earth image.


Yes, and if you'll read her description, you'll see exactly where it came from. ;)

(By the way, it is necessary to include this info in your description for any hope of getting the image accepted. Same goes for maps.)
Title: Re: Pictures from earth
Post by: madelaide on January 05, 2009, 15:19
araminta,

I don't think it's NASA job to sell posters and calendars, but they should earn something from any company doing it.  That's what I meant about licensing. 

If I knock at Fermilab's door and request to see their results about some sub-quantic particle, would I have access to it?  I don't think so, even if I were an American citizen.  And even if I, as a researcher, was allowed to access their data, would I be allowed to sell them? 

This is not the same as licensing copies of old art.

NASA does not own the galaxies, but they own the photos.  I don't own the beach either, but I can sell photos of it.

Regards,
Adelaide

PS: I have used one of NASA's image myself.
Title: Re: Pictures from earth
Post by: avava on January 05, 2009, 16:52
 We have been asked not to show globes or maps of the world in focus without doing some PS work to them. Doesn't have to be a lot just some island chain off of Oregon. This has only been Macro so far not Micro to my knowledge.

Best,
AVAVA
Title: Re: Pictures from earth
Post by: araminta on January 05, 2009, 17:17
If I knock at Fermilab's door and request to see their results about some sub-quantic particle, would I have access to it?  I don't think so, even if I were an American citizen.  And even if I, as a researcher, was allowed to access their data, would I be allowed to sell them? 

You just need to subscribe to some scientific journal where all results will be published quickly... scientists got paid by knowledge and fame, not money  :)

I would say that most if not all public research institutes publish their results which are then freely available to anybody.

And scientific data cannot be resold because they have no commercial value, especially if they are freely available.

There is no patent or copyright on knowledge and NASA data are 99.999% knowledge databases: the published pictures are just here to show the world how beautiful the Universe is (hey, this is just marketing: NASA need government funds), but NASA business is not about pretty pictures but about collecting scientific data.

NASA pictures and data from Mars probes were freely available worldwide almost immediately: science cannot progress without sharing the knowledge.

And remember that even the top secret DOD freely share GPS data worldwide. Do you think that US governement should start asking money for GPS usage?

I have nothing against business, but I'm glad that not everything is business in this world.
Title: Re: Pictures from earth
Post by: madelaide on January 05, 2009, 18:23
araminta,

I agree with knowledge sharing, but for non-profitable purposes!  Let's have NASA wallpapers, let's print a Hubble image and hang it on the wall, but if you want make money out of NASA's work, pay for it!

In the scientific world, only data that needs to be shared is shared.  If I write a paper about an experiment, I don't disclose more data than necessary for the purpose of it.  If one incurs in costs and time and knwoledge to collect data, he is not simply giving that data away for anyone interested.  I'm part of the scientific world and I see that everyday.

There are specific areas in which a government may support a research and they have the data collected available to a network of researchers, but then the data was gathered with that in mind.

Regards,
Adelaide
Title: Re: Pictures from earth
Post by: null on January 05, 2009, 20:10
I need to now if i can use photos from NASA of the Earth (the globe) in stock!

NASA states that its globe pictures are in the public domain. I never had any problem with any site accepting images where a NASA globe is part of it.
Title: Re: Pictures from earth
Post by: Sid Icarus on January 05, 2009, 23:06
This is what I found directly fro the NASA website...


Still Images, Audio Recordings, Video, and Related Computer Files


NASA still images; audio files; video; and computer files used in the rendition of 3-dimensional models, such as texture maps and polygon data in any format, generally are not copyrighted. You may use NASA imagery, video, audio, and data files used for the rendition of 3-dimensional models for educational or informational purposes, including photo collections, textbooks, public exhibits, computer graphical simulations and Internet Web pages. This general permission extends to personal Web pages.

This general permission does not extend to use of the NASA insignia logo (the blue "meatball" insignia), the retired NASA logotype (the red "worm" logo) and the NASA seal. These images may not be used by persons who are not NASA employees or on products (including Web pages) that are not NASA-sponsored.

NASA should be acknowledged as the source of the material except in cases of advertising. See NASA Advertising Guidelines.

If the NASA material is to be used for commercial purposes, especially including advertisements, it must not explicitly or implicitly convey NASA's endorsement of commercial goods or services. If a NASA image includes an identifiable person, using the image for commercial purposes may infringe that person's right of privacy or publicity, and permission should be obtained from the person. Any questions regarding application of any NASA image or emblem should be directed to:

Photo Department
NASA Headquarters
300 E St. SW
Washington, DC 20546
Tel: 202-358-1900
Fax: 202-358-4333




So yeah, it looks like you can use them as long as they are accepted, you just cant make it appear that NASA is endorsing whatever you are selling/advertising.  :-X
Title: Re: Pictures from earth
Post by: yingyang0 on January 06, 2009, 00:43
These are pictures taken with telescopes paid by public money: it is not that silly to let anybody use them freely. Well... at least any US citizen :)
Good point, all you foreigners should keep your hands off our goods, especially you tricky Canadians (we know about your invasion plans).  ;D
Title: Re: Pictures from earth
Post by: null on January 06, 2009, 01:04
(By the way, it is necessary to include this info in your description for any hope of getting the image accepted. Same goes for maps.)


I always credit NASA for the globe, even if they declare those photos public domain. It's only fair.
http://www.dreamstime.com/teen-emo-or-punk-global-power-image4172918 (http://www.dreamstime.com/teen-emo-or-punk-global-power-image4172918)
Title: Re: Pictures from earth
Post by: RacePhoto on January 06, 2009, 13:27
I need to now if i can use photos from NASA of the Earth (the globe) in stock!

NASA states that its globe pictures are in the public domain. I never had any problem with any site accepting images where a NASA globe is part of it.

Except for the editing and modifying that some people do, which makes them better for stock, any smart buyer should just go to the NASA site and download them for free.

It's not complicated. We can't use their logos or imply that NASA endorses a product or service. If there's a person (technician or astronaut for example) in the photo you would need MR permission to use their image, same as always.

The pictures are Public Domain and free to download and use.
Title: Re: Pictures from earth
Post by: madelaide on January 06, 2009, 14:54
So yeah, it looks like you can use them as long as they are accepted, you just cant make it appear that NASA is endorsing whatever you are selling/advertising.  :-X

Yes, these are the terms I once read.  I still don't think NASA should allow commercial use. 

Regards,
Adelaide
Title: Public Domain 1923 on Hold
Post by: RacePhoto on January 09, 2009, 12:46
This stinks. Everything is on hold until 2020

http://everybodyslibraries.com/2009/01/01/public-domain-day-2009-freeing-the-libraries/

From Stanford Law

"Because of legislation passed in 1998, no new works will fall into the public domain until 2019 when works published in 1923 will expire. In 2020, works published in 1924 will expire and so forth. If a work was written by a single author and published after 1977, the copyright will not expire until 70 years after the author's death. If a work was written by several authors and published after 1977, it will not expire until 70 years after the last surviving author dies.

Thousands of works published in the United States before 1964 fell into the public domain because the copyright was not timely renewed under the law in effect at that time. If a work was first published before 1964, the owner had to file a renewal with the Copyright Office during the 28th year after publication. No renewal meant a loss of copyright."
Title: Re: Pictures from earth
Post by: goldenangel on January 09, 2009, 13:58
I still don't think NASA should allow commercial use. 

Regards,
Adelaide

I am grateful that they allow it. In a way it makes sense that they do since they are a US government agency, funded by taxpayers money. Besides, they have a monopoly on these pictures, and if they had commercial gain from them, it would be against the monopoly laws.

Title: Re: Pictures from earth
Post by: null on January 09, 2009, 15:52
Except for the editing and modifying that some people do, which makes them better for stock, any smart buyer should just go to the NASA site and download them for free.


I didn't use the globes "as is" but partly and modified (color, contrast, sharpness) like in the hands of a model or so. Obviously, you can't resell those globes "as is", in all fairness.
(http://www.dreamstime.com/usa-world-domination-thumb3159079.jpg)(http://www.dreamstime.com/teen-emo-or-punk-global-power-thumb4172918.jpg)
Title: Re: Pictures from earth
Post by: madelaide on January 09, 2009, 17:48
I am grateful that they allow it. In a way it makes sense that they do since they are a US government agency, funded by taxpayers money.

Exactly.  And they let private companies/individuals make money out of taxpayers' funds.

As I said, it is totally fair for me that they let people use images freely, I only disagree that they let people use their images commercially.

I wonder if I am making myself clear.   :-\

Regards,
Adelaide
Title: Re: Pictures from earth
Post by: anaire on January 09, 2009, 18:22
Hi there,
I was just minutes away from posting on Fotolia's forum to ask about their image of a boy holding the globe in his hand.
Good thing I checked here first...
Thank you Flemish Dreams!
I looked at your images on DT, (beautiful, by the way, well done!), read your description and found my answer. 
I'll do the same and credit NASA.

Anna
Title: Re: Pictures from earth
Post by: Carla on January 12, 2009, 03:58
Why do you argue against NASA giving their photos for free? Such a thing is called "altruism" (or sometimes "common sense") and was the basis of survival of our species.
Going back a little bit in history: how would mankind have fared with black pox hat the vaccination be copyrighted at that time? Many more people would have died. Long term it doesn´t always pay to look for money first. And now there are pharmaceutical firms who earn money with this vaccination stuff. Would you call that low morals and insist they shouldn´t be allowed to make a salable product from some knowledge freely available.?
Same with our pictures. The photographer invested some time in changing these pictures. That is why he get´s money for them.
Title: Re: Pictures from earth
Post by: imageZebra on January 12, 2009, 04:13
If I am right, those images offered by NASA to public are all significantly smaller in size.

I see images offered for sale by some “artists” that larger than you could find on the web, which indicates that they were taken from NASA’s internal servers. I used to work at one of its facilities, and as a designer had access to those images; as far as I know they’re all NASA’s property.

Also, it is one thing to charge for prints of NASA’s free images, and a totally different story when images sold as digital files. BTW, nothing against artists who use NASA’s images as pat of their composition, my complaint is about stolen images and sale of digital files.

Title: Re: Pictures from earth
Post by: Mormegil on January 12, 2009, 04:24
As it's been stated, NASA imagery is public domain - no copyright.

But I'd like to clarify that just because research is government funded, it's not automatically non-copyrighted.

Most research work done at universities are government funded.  When a professor or graduate student comes up with something marketable, the university owns the intellectual property and can license it to whomever they choose (typically first dibs to the researcher who discovered it).

As far as figures published in scientific articles, those are typically copyrighted by the journal's publisher (yes the researcher doesn't typically retain copyright).

One typically has to get prior permission from the journal to put an article they published into their own dissertation/thesis (as I did).
Title: Re: Pictures from earth
Post by: null on January 12, 2009, 15:13
I see images offered for sale by some “artists” that larger than you could find on the web, which indicates that they were taken from NASA’s internal servers.


Better get your facts straight before you make an "accusation" of either "artists" or artists. Anyhow, if somebody got supersized images from an internal NASA server and you were, as you claim, responsible for it, then you did a lousy security job.  :P

1. Copyright/use. source here (http://www.nasa.gov/audience/formedia/features/Advertising_Guidelines.html)

Quote
# NASA does not permit use of the insignia and other NASA indicia in advertisements. Any use of the NASA identity on spacesuits and on the Shuttle is generally not permitted unless authorized by Headquarters Public Affairs.
# Any references to NASA in an advertisement must be factually accurate.
# Many NASA images and most film and video footage are in the public domain can be used for advertising purposes. However, there are rules regarding the appearance of astronauts or NASA employees or names in commercial activities.


2. Size. source here (http://photojournal.jpl.nasa.gov/targetFamily/Earth)

For instance take image PIA11419.
Size: 4070 x 8024 x 3 
Byrd Glacier, Antarctica
Full Resolution: TIFF (97.97 MB) JPEG (7.07 MB)

3. Images from JPL. source here (http://www.jpl.nasa.gov/imagepolicy.cfm)

Quote
Unless otherwise noted, images and video on JPL public web sites (public sites ending with a jpl.nasa.gov address) may be used for any purpose without prior permission, subject to the special cases noted below. []
... To use a credit line in connection with images. Unless otherwise noted in the caption information for an image, the credit line should be "Courtesy NASA/JPL-Caltech".
Title: Re: Pictures from earth
Post by: madelaide on January 12, 2009, 15:23
Going back a little bit in history: how would mankind have fared with black pox hat the vaccination be copyrighted at that time? Many more people would have died. Long term it doesn´t always pay to look for money first.

Carla,

I don't think it is a fair comparison to put vaccines and space images in the same level.

And it's two different things also taking an image and reselling it (either as a print or a digital file) and using the image to create something new (really new).  Search Art.com for "Hubble" and you get images that are mere copies of NASA's images sold as prints and posters.  Why does someone has the right to do that?  Just for having downloaded them from NASA (or even worse stolen, it as suggested by a colleague) and uploaded them to Art.com?  

The government funds researches (e.g. a new medicine), should the results of these researches be available for anyone to make money out of them?  Have in mind that this is different than making an agreement with a lab for producing this medicine and selling it back to the government for a nominal fee.  I do disagree of privatizing tax-payers money.

Regards,
Adelaide