I'm part of a project that plans to publish a series of educational lectures online. A large part of this is PowerPoint presentations, and I need help understanding the rights for any images we put in the PowerPoint. We're considering using iStockphoto, and their license agreement permits use for:

"on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels"

but also prohibits us to:

"install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users"

or:

"use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement"

This seems almost contradictory. Anyone have experience with this?



Edited 1 time(s). Last edit was july 02, 12:18pm by Brian Seeders.

Sure sounds contradictory to me, Eric. I will ask our copyright resident expert to weigh in, but if I were you I would also post this to one of the other forums (either the general or Case only)- I'm thinking Heidi Cool might have some ideas, as might someone else who has built large websites.

Eric, et al,
You've just had fun reading a dense license agreement! Outside the realm of copyright, but not too far, this is a liberal license agreement, and I've had students come to me before with iStockphoto projects. It's out of Canada,and this product is-for them-unusually liberal.

Some of your contradictory-sounding quotes are because you are reading the permitted uses for the word "Content" as if it were your proposed content. It really means 'the file' that you will get from them, not the use within your final ppt presentation.

Content License Agreement, #3 Permitted Standard License Uses:, (b) is Seat Restrictions and here you see the reference to Content being installed and used in only one location at a time. So you'll get the file and use it on one computer, it is not talking about your (finished) intellectual content (with the licensed property) that will be published online. You can take that original file to another computer, though, to continue working with it, just not have it resident on multiple computers simultaneously.

It shows up again in #4 Standard license Prohibitions, number 11:[not] install and use the Content in more than one location at a time or post the Content ...on a server for use by others. Do you remember Napster? This is referring to that sort of multiple site/multiple file download and use. You will license something from iStockphoto and then use it within your ppt presentation. Again, it's not "the Content" as in these sections.

It's very clear what you can do, to use the Content for permitted uses as defined in 2. Standard License Terms 'Unless the activity or use is Permitted, you cannot do it':
#3 (c) Permitted Uses: Subject to prohibited uses.....the following are permitted:
**The issue here is that your use does not neatly fit in to 1) ad & PR materials, 2) entertainment, 4)prints/posters for personal or PR use.
You might fit in 3) online or electronic publications.
(All these are to be not for resale or license, which should be within your intent to put your lecture online.)

The other document you need to abide by is the second 'primary' document, the Terms of Use. Here is where you might want to present your use as educational but not personal, and publicly accessible:
Intellectual Property section
Materials may only be used and copied for your own, non commercial, personal, or educational purposes.

Your use is not strictly educational–it is not for a course, but for others with interest in learning to use and learn? Generally, the courts favor traditional educational situations when considering exemptions. While contracts and licenses trump copyright, this says that their licensors may be protected by ...laws relating to copyright.

This would make me pause if I were posting my presentation on line, because you will be engaged in an exclusive right that is not yours by virtue of licensing--distribution. The web is an instant publisher and distributor. iStockphoto gives you license to use an image in something of yours, for personal or PR use, but the web makes copies and distributes them, and that's a right held by iStockphoto and/or the creator.

Copyright is a balance of exclusive rights owned by someone or an entity like this company, to copy, distribute, revise, publicly display, and publicly perform. While they are generous with you in using it within a ppt and for your own use, it might not fit neatly in educational use.

- Consider keeping the image very small for the online posting of your ppt.
- Generously credit the image creator and the licensing body, iStockphoto, along with whatever license number they give you.
- Use it in small format, without altering or adapting the image. Terms of Use specifies the 'do not modify or make a derivative work' principle of copyright, and making it small doesn't infringe.

Use it all as a teaching moment, too– mention in your lecture that the image may appear small in the online posting of your presentation, to abide by license and copyright agreements. If you feel at risk, use the option given to you after #5 of Permitted Uses, contact the iStockphoto's Client Relations for guidance.

Putting filmed lectures online is the new rage, and it's good to ask about what's permitted and what does not put you at risk either of your license or of someone else's copyrights. The fact that technology makes it easy is not well received in court today, we're expected to learn more, and ask more, first. The person who asked recently to use the NOVA film clips in the lecture (later to be posted on YouTube) learned that NOVA allowed the first use via the web [not download] and also was explicit in prohibiting redistribution (YouTube). Your situation is more liberal.

Clear as mud? Not really. I'll be away from work for 9 days...but am always ready to talk real-time with someone about copyright and acceptable use! It is easier in person!
Karen Oye, Head of Customer Services, KSL



Edited 2 time(s). Last edit was july 02, 09:16am by William Claspy.

Excellent post.

Moderators, I think if you (or perhaps Karen) edit her post to include <quote> tags to highlight the parts she is quoting from iStockphoto, we could "sticky" this in the "Ask a Librarian" forum.

Alexander Hutnik:

Moderators, I think if you (or perhaps Karen) edit her post to include <quote> tags to highlight the parts she is quoting from iStockphoto, we could "sticky" this in the "Ask a Librarian" forum.

I have made bold the parts taken from iStockPhoto. I don't seem to have the power to "sticky" posts, but if you do, please feel free!

Thanks for the help Karen! I may venture over to KSL if my questions persist. I sent an email to iStockphoto too, so hopefully I'll have this all figured out soon enough. My project will only involve posting the materials necessary for an instructor to create a lecture - most likely a word/pdf file and a ppt presentation, but no filmed lecture.