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Using Free Images from sxc.hu

by headerdesign
8 replies
  • WEB DESIGN
    • |
Hello

I wanted to ask about images from sxc.hu . I´m a designer.
May I use images from sxc.hu in my artworks (like banners or headers) for sale to my clients? Specifically I ask about this image www dot sxc dot hu/photo/1105861

As there is the bellow Image license agreement:

You may not use the Image
- For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, sociteties, cultures.
- To endorse products and services if it depicts a person.
- In a way that can give a bad name to SXC or the person(s) depicted on the Image.
- As part of a trademark, service mark or logo.
- SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

I would really appreciate if someone can reply.

Many thanks
#copyrights #free #images
  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by headerdesign View Post

    - SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!
    What's ambiguous about "STRICTLY FORBIDDEN" and "DO NOT SHARE THE IMAGE WITH OTHERS!"?

    Sorry, I don't mean it rudely, but that seems pretty clear to me?!
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    • Profile picture of the author joliefleur
      You'd really want to be safe on this. Use only image you can incorporate in your artwork for resell. There are lots of royalty free image providers you can choose. You just need to Google them up.
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  • Profile picture of the author learric
    You really have to be careful these days with reusing images, even if they are incorporated into a completely different image. When I'm looking for free images I usually go with the mindset of "when in doubt, don't use it" to make sure I'm covered. I like to use stockfreeimages.com because they have tons of completely free images, plus they are linked to Dreamstime which has pretty fairly priced royalty-free images as well.
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    • Profile picture of the author headerdesign
      Originally Posted by learric View Post

      You really have to be careful these days with reusing images, even if they are incorporated into a completely different image. When I'm looking for free images I usually go with the mindset of "when in doubt, don't use it" to make sure I'm covered. I like to use stockfreeimages.com because they have tons of completely free images, plus they are linked to Dreamstime which has pretty fairly priced royalty-free images as well.
      I know about stockfreeimages.com however in exchange we need to provide credit line and this I don't like.

      I just received the below reply:

      All sxc.hu images are governed by the terms and conditions of the image license agreement as posted on the website. Use for illustrative advertising and promotional purposes is a permitted use providing it is used for one client only. You have to make sure that the client knows of the terms and conditions of the image license agreement.

      Should I understand that I may use the image in my artwork for sale?
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      • Profile picture of the author headerdesign
        I just received another reply from the support desk about the line - SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

        "Hello Nina,

        Thank you very much for your email.

        This refers to website templates, coffee mugs, mouse pads etc. Basically products where the image is the main selling feature and you gain profit from it.

        Please let us know if you require further assistance.

        Regards,


        Darek Z
        iStockphoto"


        Now I asked, I participated a banner contest at freelancer.com and used the above mentioned image in my entry, however later I found that my entry was removed by freelancer.com without saying one word and explanation why my entry was removed and was suspended from all contests. So I sent a ticket to Freelancer and they replied that I was reported for using copyrighted image (the image I mentioned in my first post).
        Here is the exact reply:

        "Entry #19 to contest Banner Ad Design for website and Facebook Coverpage (7285) contain stock photo found in www dot ottawa-locksmith dot com/wp-content/uploads/2012/05/em1.jpg and 139 other sites.

        Upon registration, you agreed to the Freelancer.com Terms of Service which states that: "No copyrighted material can be posted on the Site." (Section 9: User Content, www dot freelancer dot com/page.php?p=info/terms . As such, your use of unlicensed stock or copyrighted imagery is in direct violation of this clause and resulted in your disqualification from Contests.

        All images found on-line are copyright owned by their creators and the particular copyright holder must specifically declare that the image is free to use in a contest setting. Because the images are used as contest entries, right to sell must also be obtained by the participant. Hence, if an element or part of the entry is not originally created please make sure that you have clear right to use and sell the design element. Otherwise, if the declaration of license is not clear the entry must be removed from the site.

        As per our FAQ, a confirmed report of copyright infringement results in the immediate disqualification of the user from contests. This is why all your entries have been removed from the site and you are longer able to participate in contests.

        Disqualification from Contests is irrevocable and we offer no recourse for rebuttal for this penalty."


        I told them that I had the right to use image as I didn't downloaded it from google however from sxc.hu where is mentioned who is the owner of the image and that in their terms is that images are free for commercial use.

        Then the freelancer.com support desk showed me the agreement I mentioned in my first post here. So I decided to contact istockphoto.com the owner of sxc.hu and the rest you know what they replied.
        So I was suspended really unfair.
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        • Profile picture of the author headerdesign
          Originally Posted by headerdesign View Post


          Now I asked, I participated
          sorry for the mistake wanted to say "Now why I asked..."
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  • Profile picture of the author pinterest01
    that's what i'm calling NOT FREE...
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  • Profile picture of the author headerdesign
    Well, it was a Facebook banner design contest so it wasn't for sale.

    I forwarded the email from the owner of sxc.hu to freelancer.com and get the bellow reply.

    "Hi,

    Apologies for not responding sooner. It appears that the status of your ticket was set as Closed as of your response on 01 Jun 2012.

    We understand your frustration regarding this matter. We cannot lift your exclusion from contests because our Terms and Conditions strictly states that "No copyrighted material can be posted on the Site." (Section 9: User Content, freelancer.com/page.php?p=info/terms . As such, obtaining a license for a design element is not enough. You must own any and all design elements used in the contest entry."


    Do they want to say by that I have to take photos by myself to be able to use them in my entries at freelancer.com?? This is really absurd. As all contestants are using copyrighted images, they purchase either a license for using them in one of the stock image stores or take from any free image sites (images which are free for commercial use).
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