There is probably not a one-size-fits-all answer to this question. You'd have to look at the licensing terms for the particular image vendor you're planning on using (which you haven't named here).
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There is probably not a one-size-fits-all answer to this question. You'd have to look at the licensing terms for the particular image vendor you're planning on using (which you haven't named here).
The particular image as it happens I've discovered is on many different stock image sites, so I get my pick of the litter.
The high-resolution images that you download under the regular Royalty Free (RF) license may be used to make fine art prints, on a web site, in a magazine, newspaper, book or booklet, book cover, flyer, application software (apps) or any other advertising and promotional material, in either printed or electronic media, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email support using the help form.
Web templates, greeting cards or postcards especially designed for sale, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the image in an essential manner, intended to be sold are considered redistribution (if the image is used in an essential manner). The use of Dreamstime.com images for these purposes under the regular Royalty Free license is not permitted. It is also forbidden to make the image available on a website for download (as wallpapers for example), although you may use the image in a concept in as many websites as you want, for any number of clients. For Web use, you must not use the image at a width exceeding 800 pixels unless it is included in your site's design. If the image is part of a design and manipulated accordingly, the image width can be higher than 800 pixels.
So usage in apps is explicitly allowed, though maybe not if the usage it's in an "essential manner" whatever that means.
depositphotos' extended license seems to be within the letter of the law on "electronic items for resale", though that doesn't seem like the intention.
3. You may, subject to the Terms and Conditions of this Agreement, access and acquire the Content via Pixmac, and use the acquired Content for the following purposes, provided you do not violate the rights of any third party:
...
(b) as a design element on a website, video game, or CD-ROM but NOT in connection with any Web site template or software product for distribution or use by others.
(d) in connection with your business or entity, eg corporate identity documents, and letterhead.
So, you can use it in a video game so long as it's not part of a software product intended for use by others. Sweet.
Their extended license allows:
Quote:
(c) in any electronic distribution (not in its original but in its final form) or items for personal use or resale, including design elements or consituants in eBooks, licensed software, website templates, flash templates and document templates provided such use is not intended to allow the re-distribution or re-sale of the Content by another party;
...
(e) in connection with your business or entity, eg corporate identity documents, and letterhead. Content used cannot be used as a part of a business logo.
So it allows "licensed software" (licensed by you to a third party?). But notice that it has the restriction that it can't be used in a logo, where the royalty free license does not have that restriction! Apparently no one has ever read their licenses very carefully.
Fotolia hereby grants to the Non-Exclusive Downloading Member a non-exclusive, perpetual, worldwide, non-transferable sublicense to use, reproduce or display the Work an unlimited number of times in the authorized media solely for (a) personal or educational purposes and (b) in connection with the operation of a business. However, the Non-Exclusive Downloading Member shall have no right to sell or otherwise distribute the Work or any reproductions thereof to any third parties, whether alone or incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known. Notwithstanding the above, the Non-Exclusive Downloading Member shall have the right to sell or distribute the Work solely as incorporated onto an item of merchandise or other work of authorship if the Work has been modified to the extent that it is no longer substantially similar to the original Work (where such modification may be in the form of changes to the Work itself or the incorporation of the Work into other Non-Fotolia image(s), such as a collage), provided however that the modification must be sufficient enough to qualify as an original work of authorship. Furthermore, the Non-Exclusive Downloading Member shall have the right to sell or distribute the Work solely as incorporated onto an item of merchandise or other work of authorship if the primary value of the item being sold or distributed does not lie with the Work(s) themselves.
It's not at all clear to me which clauses override which other clauses, which seems important.
Shutterstock's standard license mentions splash screens explicitly:
Quote:
By this Agreement, Shutterstock grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:
...
h) Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software and further provided that the manufacturing or duplication run(s)of such software (including downloads of such software) does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
Seems pretty clear to me. If you get more than 250,000 downloads you will probably be able to afford the more expensive license. Though "cannot be unincorporated" could be a loophole.
iStockphoto's licenses have absolutely no mention of software or anything like it. Since it's not mentioned I conclude it must not be a permitted use. Neither standard nor extended.
But usage is permitted if:
Quote:
if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file
might or might not apply depending on the meaning of those terms. They do actually indemnify you against suit by others, which is pretty cool.
Last edited by danger ranger; 12-26-2011 at 10:06 PM.
Use of stock image in splash screen -- do I need extended license?
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