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Microstock Photography Forum - General => General Stock Discussion => Topic started by: tstock100 on April 10, 2018, 04:20

Title: Reusing part of purchased stock photo to create a new stock image
Post by: tstock100 on April 10, 2018, 04:20
Is there a license that allows me to purchase a stock photo and use it as part of my image that I then want to contribute on a stock photo site?

As an example, I want to use sky as a background from a stock photo I purchased from Shutterstock. I would then photoshop content on it and the sky wouldn't be the main focus of the image.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: Noedelhap on April 10, 2018, 04:22
To the best of my knowledge: no, it must be 100% yours.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: SuperPhoto on April 10, 2018, 08:16
In terms of licenses - 'technically' you could use some forms of creative commons/etc where the original author gives away all their rights/etc.

However - practically speaking - no, I don't believe it would be acceptable to any stock photo site, even if you had an appropriate license, because:

a) then you'd get 1000's of people all "re-uploading" the same content, which, the sites wouldn't like
b) and if they were trying to say they now had an 'original' work, it would be subjective as to what constitutes original (i.e., does adding a tiny little 5x5 px image on top of a background now make it a 'new' image, etc, etc).

I think only if the original author gave you an 'exclusive' license to an image, and then removed it from all of their online portfolios/etc could it be acceptable. (But most likely that would not be practical, nor would the author be willing to do that unless compensated greatly).

Otherwise, you'd be taking a chance with your account status.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: jpbarcelos on April 10, 2018, 12:55
I wonder if you could do that with any photos taken on unsplash. According to them, their license is:

"All photos published on Unsplash can be used for free. You can use them for commercial and noncommercial purposes. You do not need to ask permission from or provide credit to the photographer or Unsplash, although it is appreciated when possible."

I think, in you case, it would classify as valid under their license. But I am as far as one can get from a specialist on the theme.

Ive never tried it.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: Jo Ann Snover on April 10, 2018, 13:07
When you upload to the agencies, you are making a representation about the rights you hold in the work you upload. Each agency has slightly different rules, and you want to make sure you don't violate those and have your account closed which could cause losses to you much greater than any gain from using a sky image from a stock photo.

Look at section 14 in the SS terms to see what they expect as one example.

https://submit.shutterstock.com/legal/terms/

I have my own collection of sky photographs that I use whenever I need a sky - with something like that where you can so easily get your own, I can't imagine why you'd even consider using a stock image with all the attendant legal risk.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: Dumc on April 10, 2018, 13:23
You can't even if you buy it as EL?
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: Hannafate on April 10, 2018, 13:31
Are you a photographer or not?  Take your own pictures.

If I catch anyone trying that with my work, I'll fling rabid lawyers at them.

I hope that answers your question.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: Desintegrator on April 10, 2018, 14:24
You can't do that. Accounts had been suspended for such things already.

You have to own the copyright of anything you upload. You can not buy the copyright of images sold on stock sites.
Title: Re: Reusing part of purchased stock photo to create a new stock image
Post by: namussi on April 10, 2018, 20:02
One exception to the "you must own copyright" rule seems to be NASA public domain images, which iStock used to (I don't know if it still does) allow you to incorporate into your images.