The blog does not contain calls to overthrow the dictatorship of copyright and illustrations (just in case).

As we found out during the preparation of a single legal opinion, the purchase by a designer of a photo for a client in a photo bank may turn out to be a completely senseless action from a legal point of view.


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The mistake is that the majority thinks something like this:

The designer of the photo in the photobank bought, put on our website or used in the design of products, it means that we will have no problems, because the money has been paid and it may be considerable.

But harmful corrosive lawyers see problems in every detail.

Photo - copyright

The right to use the photo is granted on the basis of a license posted on the photobank website. And it is granted to the person who paid for this license and entered into an agreement to use a photo with a photo bank.

You already understand what I'm getting at?

For sure. The right to use the photos got your designer, not you. And you or your company use the photo. Without rights. So you break.

A logical question - can the designer give us his right along with all the other results? And here there is no definite answer, since the conditions are different for the services, and even each photo bank has different license options.

Let's go - we rummage in license agreements

Gesture license terms:

Lori

Even in the extended license it is indicated:
"2.2. Licensee may not:
2.2.1. Transfer rights under this Agreement (in whole or in part) or copies of Works or parts thereof to third parties. ”

There are no conditions for regulating relations with customers or the employer.
Thus, the designer will own all rights under the license without the possibility of transfer.

Similar conditions in other examples for standard or simple (and therefore cheap) licenses. The right to transfer usually appears only in the expanded version, so we look carefully at the conditions.

Istok

The license agreement in clause 4 uses a special clause:
"four. Who except me can use licensed materials?
The rights granted to you are not subject to further transfer and are not subject to transfer on the terms of sublicense, therefore, you can not transfer them or sublicense to anyone. There are two exceptions:
• employer or client. If you are making a purchase on behalf of your employer or client, then your employer or client may use the materials. In this case, you represent and warrant that you have the legal right to oblige your employer or client to comply with the terms of this agreement. In the absence of such a right, your employer or client cannot use the materials.
• Subcontractors. It is allowed to involve subcontractors (for example, a printing company or an advertising firm) or distributors to use materials in any production or distribution process related to your final project or final use. These subcontractors and distributors are prohibited from using materials for any other purpose. "

At the same time, this option is not available under the Standard License - an extended license is required, since only one user can access the materials under the Standard License.

FOTOLIA

Standard license

In clause 2.1. Standard license and Extended license indicated:
“2.1 Standard License. Subject to your acceptance of the terms of this Agreement, this document gives you a non-exclusive, perpetual, global, non-sublicensable, non-transferable license to use, reproduce, modify, or display the work with the condition of restrictions in accordance with section 3. "

Extended license
Both licenses provide for the following provision (Section 2.3 of the Standard License and Section 2.4. Of the Extended License)
“Customer use. You may use the license granted under this Agreement for the benefit of one of your customers, provided that you must transfer all of your license to your customer, and your customer will comply with the terms of this Agreement and all license and use restrictions. You are solely responsible and liable for any and all use of the work by your client. You will need to purchase additional licenses for the same job if you intend to use it for another client. ”

DREAMSTIME

English version
Russian version

Editorial Use License (Editorial)
Purchasing a high-resolution image (buying a license) does not mean transferring the copyright. You cannot claim to be your own image, and you cannot sell, authorize use or otherwise distribute it.

To transfer the rights you need to purchase an extended license.

What conclusions can be drawn?

1. Not any photo paid by the designer can be used on your website or products. It is necessary to check the license conditions under which the designer bought the photo.

2. Not all uses are available, even if the photo is paid. There are restrictions on the circulation of products, time of use, image processing, etc. We look at the conditions, we study, we check.

3. If a designer bought a photo under a simple license, then, by virtue of the provisions of such a license, the rights may not pass to you and the use of such a photo will be illegal, which entails liability for violation of rights.

4. If the transfer of rights under a license is not possible, then the photos must be bought on their own behalf, and not on behalf of the designer. And it is better to buy any photo on its own behalf, so that there are no problems with proving the transfer of rights.

We will be vigilant when using someone else's illustrations!

PS If you have any thoughts or your own examples - please write in the comments.