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SukieBelle
SukieBelle
Participant
December 6, 2018
Answered

Adobe license options for use of images in an ebook

  • December 6, 2018
  • 1 reply
  • 7124 views

Hello,

My question is for an Adobe representative legally allowed to answer licensing questions.

I'm trying to clarify the terms of use for a standard license for an asset. From the additional terms pdf updated June of 2017, a standard license asset can be used for the following:https://stock.adobe.com/license-terms

(2) digital productions such as websites, mobile advertising, mobile applications, e-cards, e-publications (e-books, e-magazines, blogs, etc.)

However, the terms as per the website state that an asset under standard license cannot be used prominently in merchandise or products for resale.

I want to clarify that under a standard license, an adobe stock image can be used to illustrate a book cover, chapter headings and for other illustrative purposes within the book (i.e. anatomical images that go alongside descriptive text) so long as the sales of the ebook do not exceed 500,000 copies.

Is this correct?

TIA

    This topic has been closed for replies.
    Correct answer Sheena Kaul

    Hi Sheena. Thank you for your helpful answers in this thread!

    I'm also publishing an eBook/printed book soon.

    If I purchase an image with the Standard License:

    1. Is an unmodified image on a eBook/printed book cover considered "an editorial context"?

    2. Is an eBook/printed book cover considered an "item of merchandise"?

    3. With the Standard License, can I use an unmodified stock image as the cover of my eBook/printed book, up until 500,000 copies sold total? The only change I was going to make would be to put the title just above (not on top of) the image, and the author name just below the image.

    4. If the image is unmodified, do I need to provide attribution, e.g. "Book/eBook cover image is Copyright ArtistName/Adobe Stock"?  Based on the answer in this thread?: https://forums.adobe.com/thread/1958259

    5. If attribution is required, can I put the attribution in an "acknowledgements" section inside the book? (But not on the cover itself, as I think that would look odd?)

    Thank you again!


    Hi there,

    Here are my responses to your questions:

    1. Is an unmodified image on a eBook/printed book cover considered "an editorial context"?

    >>No

    2. Is an eBook/printed book cover considered an "item of merchandise"?

    >>Yes

    3. With the Standard License, can I use an unmodified stock image as the cover of my eBook/printed book, up until 500,000 copies sold total? The only change I was going to make would be to put the title just above (not on top of) the image, and the author name just below the image.

    >>Yes, you use the standard license.

    4. If the image is unmodified, do I need to provide attribution, e.g. "Book/eBook cover image is Copyright ArtistName/Adobe Stock"?  Based on the answer in this thread?: https://forums.adobe.com/thread/1958259

    >>Yes, you'll have to credit the author

    5. If attribution is required, can I put the attribution in an "acknowledgements" section inside the book? (But not on the cover itself, as I think that would look odd?)

    >>Yes, that's possible.

    Let me know if you have any further queries.

    Regards,

    Sheena

    1 reply

    twaritar3263062
    Community Manager
    twaritar3263062Community Manager
    Community Manager
    December 6, 2018

    Hi Sukie,

    Thanks for reaching out to the Adobe Stock community.

    Ideally, if you are using an image from Adobe Stock in a book cover you should be using a Standard license(since the cover is basically the face of a book and a book cover can also reflect what is inside that book, so again this will help you in selling the book). Any asset of Adobe Stock which is used in merchandise or for reselling purpose needs an Extended license. Any asset which is featured for merchandise or for reselling requires an extended license.

    Whichever book you wish to sell should have an extended license for those images used in the book. For the books which you wish just keep for reference and not sell, for those a standard license is fine.

    For more information on the licensing terms and restrictions of Adobe Stock please refer to Stock Licensing & terms FAQ: Where can I find the terms and licensing information for Adobe Stock?

    Hope this information helps!

    Feel free to update this thread in case of any additional questions.

    Regards,

    Twarita

    SukieBelle
    SukieBelleAuthor
    Participant
    December 6, 2018

    Hi Twarita,

    Thank you for taking the time to answer my question. I appreciate your help with this issue.

    Your answer does seems to contradict the terms. I can certainly understand needing an extended license for a book cover, although even that's fuzzy, and as stated here, Adobe Stock images can be used for covers so long as the print run is lower than 500,000.

    "Use of Stock images on book or e-book covers is allowed if the print run is fewer than 500,000 copies (Adobe Stock limit). Images showing models can't be used in a manner that the models could perceive as offensive. (For example, avoid using images with models on the cover of a steamy romance novel or a book about politics or religion, etc.)"

    Since the Extended License would remove the 500,000 limit, this Adobe documentation seems to suggest that a standard license is sufficient. Is that not true?

    Second, the terms and conditions state clearly that Adobe Stock images may be used in e-books. The document you linked to specifically lists ebooks as follows:

    "For clarity, you may only distribute marketing or promotional materials, internal presentations, decorations for display in a commercial space owned by you, and digital productions that incorporate the Work, such as websites, mobile advertising, mobile applications, e-cards, e- publications (e-books, e-magazines, blogs, etc.). " [emphasis added]

    Further to the above, the standard license terms state:

    "You may not incorporate a Work into merchandise intended for sale or distribution, unless (A) the Work has been modified to the extent that the modification is not substantially similar to the original Work and can qualify as an original work of authorship; or (B) the primary value of the item of merchandise does not lie with the Work itself." [emphasis added]

    This last statement, by the inclusion of "unless" seems to indicate that images used as illustrative purposes are allowed for inclusion in merchandise intended for sale or distribution. It would seem that an image that serves to illustrate original text would not be the primary source of value for an image, similarly to the poster example stated directly in the terms of use. A poster of the unaltered image itself would offer the asset as primary value, whereas a poster with a movie title, writing, etc., would be "altered" and therefore the value would lie in the complete work, of which the image is one single component. In an ebook, the value lies in the text and the ideas expressed therein rather than in the images; it's not a coffee table book.

    Please let me know if I'm still interpreting this incorrectly. If that is the case, I'll need to go with another image provider as I simply cannot afford $80 per asset for anatomical images serving to clarify verbal descriptions in a health-related ebook.

    Thank you,

    Sukie

    WendellaBee
    Adobe Employee
    WendellaBee
    Adobe Employee
    December 8, 2018

    Hello S. B.,

    I've escalated your question to the Stock Product Team. It may take a few days to receive clarification to your questions.

    EBQ

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