Hey, i have a question. Can i insert photo like this (http://image.shutterstock.com/display_pic_with_logo/936253/121802413/stock-photo-christmas-gingerbread-with-red-blurred-background-looks-like-fireworks-121802413.jpg [nofollow]), i mean save it and inser it to my school work, photo include ID and microstocksite so i think that can be ok? Am I right? I am writing School seminary work about microstock so I need some examples from other photographers.

Yes, he can.
It is fair use, for school works, and for critique.
Quite relevant actually. And the copyright mark is not touched.

Yes, he can.
It is fair use, for school works,

So does that go for presentations that students do to show in class? My daughter was preparing a power point presentation yesterday and had a SS waterrmarked photo in it and I told her that it was stealing to use it. 

Quote from: fotografer on December 19, 2012, 07:20

Quote from: JPSDK on December 19, 2012, 06:34

Yes, he can.
It is fair use, for school works,

So does that go for presentations that students do to show in class? My daughter was preparing a power point presentation yesterday and had a SS waterrmarked photo in it and I told her that it was stealing to use it.

The law is probably different in different countries, but in the UK that would be OK.

Thank you.  I have no problem if any students want to use my images in school work.

Yes and No, but it's a commendable thing to ask first. There are many sources for free images for educational use and those should be used first. Microstock images are copyright and should not be used unless the student asks permission of the copyright holder and lists who owns the original copyright and where it can be found (which you said that you would do). It's never too early to teach students about copyright infringement. If they start out believing that images on the internet are "free" they will only perpetuate that myth.

That being said, you may be able to claim fair use. In the US this is the guideline -

"Educators, scholars, and students should credit the sources and display the copyright notice(s) with any copyright ownership information shown in the original source, for all images digitized by educators, scholars, and students, including those digitized under fair use. Crediting the source means adequately identifying the source of the work, giving a full bibliographic description where available (including the creator/author, title, publisher, and place and date of publication) or citing the electronic address if the work is from a network source. Educators, scholars, and students should retain any copyright notice or other proprietary rights notice placed by the copyright owner or image archive or collection on the digital image, unless they know that the work has entered the public domain or that the copyright ownership has changed. In those cases when source credits and copyright ownership information cannot be displayed on the screen with the image for educational reasons (e.g., during examinations), this information should still be linked to the image."

Yes and No, but it's a commendable thing to ask first. There are many sources for free images for educational use and those should be used first. Microstock images are copyright and should not be used unless the student asks permission of the copyright holder and lists who owns the original copyright and where it can be found (which you said that you would do). It's never too early to teach students about copyright infringement. If they start out believing that images on the internet are "free" they will only perpetuate that myth.

That being said, you may be able to claim fair use. In the US this is the guideline -

"Educators, scholars, and students should credit the sources and display the copyright notice(s) with any copyright ownership information shown in the original source, for all images digitized by educators, scholars, and students, including those digitized under fair use. Crediting the source means adequately identifying the source of the work, giving a full bibliographic description where available (including the creator/author, title, publisher, and place and date of publication) or citing the electronic address if the work is from a network source. Educators, scholars, and students should retain any copyright notice or other proprietary rights notice placed by the copyright owner or image archive or collection on the digital image, unless they know that the work has entered the public domain or that the copyright ownership has changed. In those cases when source credits and copyright ownership information cannot be displayed on the screen with the image for educational reasons (e.g., during examinations), this information should still be linked to the image."

Wise (and interesting!) words as always.

The question is...
Are you earning money from it or is it a learning process?

And yes, if you are writing about microstock, you need microstock examples.
But if you are earning money, it is commercial, and you will have to commercially licence the pictures.

Quote from: JPSDK on December 19, 2012, 17:47

The question is...
Are you earning money from it or is it a learning process?

It can be both, teachers earn money.

Ja, but thats not relevant.
Does the money come from the pictures we are talking about or does it come from wages?
Normally the pictures would just be samples in a learning process.
Like a picture of a uboat in a physics lesson about pressure. We are not talking about a book, but pictures that occur in students papers.
Here we have a guy writing about microstock, if he is a student, the pictures are fair trade, if he is a teacher, and earns money from it, it might be a bit more complicated and boils down to if his activities takes commercial value out of the pictures, as if they were resold.

Very.
Laws are there to handle conflicts between interests.
Its not truth or untruth, its negotiations and balancing interests.

There are blogs out there that make money on for example critizising images, remember the 10 worst stock photos and the like, they would claim it to be fair use, because of critisism.
They are right, and its the same with news media. And at the same time, they are wrong, especially if their core product are the pictures themselves.

In the concrete case, we are missing some informations.
And I would guess that the OP sits there and calculates if he is a teacher who earns money or not.

I mean seminary work which isn't profitable, ofc...