Author Topic: A question on CC0 images and selling them as modified/unmodified versions (Read 8973 times)

Tom1984 · « **on:** June 23, 2016, 18:42 »

Hello,

I upload photos on Unsplash.com and also sell photos on CreativeMarket.com - not for a living, just as a "hobby". I was wondering - are people legally allowed to modify my photos from Unsplash and SELL them on sites like CreativeMarket.com? I have seen a lot of my photos in print templates like business cards or flyers which are offered for sale and contribute to the product. These photos are also included in the download files - not just the preview images. While this seems to be a "grey area" (or totally legally - since it is CC0...) what if people start selling modified or unmodified versions of my photos as "stand-alone" versions in the photo category? Besides the ethical aspect - would this be legal? I asked in the CreativeMarket forum, but did not get a satisfying answer.

Thanks in advance!

-Tom

Jo Ann Snover · « **Reply #1 on:** June 23, 2016, 19:01 »

I just went to check unsplash's licensing and then the CC0 license

https://creativecommons.org/publicdomain/zero/1.0/

That license says you're putting your work in the public domain and waiving your copyright to it (something I can't imagine doing, even if I were to give an image away, but that's what unsplash allows).

So any site that allows public domain images to be uploaded (and not all do) would allow someone to upload your work, solo or incorporated into something that they do. Pond5 has a public domain collection, for example.

Many sites would not permit a public domain image to be uploaded as stock - they require that you have copyright in what you upload.

Creative Market has often been very fuzzy about licensing and copyright. I have a shop there, but I had to shut it after they changed the licensing to include resale of up to 500 items in a standard license. If you look at their help, they currently require that you be the "sole creator" of anything you sell. That's not a well thought through policy (you can be the copyright holder of something you didn't create and should be allowed to license such works if you choose to) but if you take it at face value, then they shouldn't allow people to resell your CC0 licensed works

https://creativemarket1.zendesk.com/hc/en-us/articles/201193604-What-am-I-allowed-to-sell-

ShadySue · « **Reply #2 on:** June 23, 2016, 19:02 »

Yes, of course.

On the very front page of Unsplash, it says
"Free (do whatever you want) high-resolution photos."

And when you click on the 'do whatever you want' link, you get:
"All photos published on Unsplash are licensed under Creative Commons Zero which means you can copy, modify, distribute and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer or Unsplash."

So basically you have given permission for your images to be used for absolutely anything, that's extremely clear from Unsplash's side.

How Creative Market views this may be a different matter, as JoAnn suggests, but it's moot given the above free licence for anything.

I only hope you have no people images released under that licence.

sweetgirll · « **Reply #3 on:** June 23, 2016, 23:42 »

People don't understand licenses...

I often wondered if those photographers would get upset to see how others were making money off of their images.

I read on CC that CC licenses are not revocable. You can't stop licensees from using the image as long as they abide by the license. Public domain is pretty broad, they can distribute the image, do whatever they want with it.

It seems you can stop distributing the image, but you need to do some research on the Creative Commons site. Just remember that if you stop distribution, whoever got the image before that still have the rights under the CC0. You can't stop them, as they are doing so legally.

https://creativecommons.org/faq/

MichaelJayFoto · « **Reply #4 on:** June 24, 2016, 03:10 »

Quote from: Tom1984 on June 23, 2016, 18:42

since it is CC0...

Plain and simple: CC0 is saying "I'm giving up ALL my rights to my images for eternity."

Yes, people can do WHATEVER THEY WANT with images you put out under CC0.

Tom.1984 · « **Reply #5 on:** June 24, 2016, 05:36 »

Thanks for all your replies! I did not put people photos on Unsplash and I will never do so.

I'm still wondering how much "level of creativity/originality" it takes if someone for example mirrors the photo, throws a ton filters on the photo and ends up with something "kind of" new. Yes, he is still NOT the creator of the original photo, but the "sole creator" of this new work.

@ShadySue: Thanks for your reply - I only have a hard time understanding the last segment of your sentence: "CanHow Creative Market views this may be a different matter, as JoAnn suggests, but it's moot given the above free licence for anything." -> can you rephrase it? THANKS!

ShadySue · « **Reply #6 on:** June 24, 2016, 05:52 »

Quote from: Tom.1984 on June 24, 2016, 05:36

@ShadySue: Thanks for your reply - I only have a hard time understanding the last segment of your sentence: "CanHow Creative Market views this may be a different matter, as JoAnn suggests, but it's moot given the above free licence for anything." -> can you rephrase it? THANKS!

I meant that even if CM doesn't 'technically' allow it, you've allowed unrestricted use via that CC0 licence, so your images are out there and there's nothing you can do about it. I didn't look into CM's licences, as Jo Ann had covered that aspect, I only took a quick shuftie at Unsplash, which I hadn't heard of before.