Publishing unlicensed stock photography in a portfolio

[Kakie]

Thank you for taking the time to read this question. I am a graphic designer who competes regularly on 99Designs. Adobe Stock and 99Designs have an agreement that allows the use of unlicensed stock photography in layouts with the understanding that winning layouts will purchase/license the stock photography used. However, it often happens that good designs are rejected on 99Designs. Those rejected designs are still useful to designers in their portfolios. My question is whether it is allowed to use unlicensed stock photography that is part of a layout when used in a personal portfolio?

[Abambo]

I think there is a misconception in your terminology. There is no "unlicensed" asset. All assets, even the previews, are licensed under a licensing agreement. The licensing agreement enumerates what you are allowed to do and what you aren't.

Look here for more information on licensing: https://community.adobe.com/t5/stock/links-for-licensing-terms/td-p/11366788
(Disclaimer: As always with licensing, this is my interpretation of the rules. I think they are correct and advice is based on reading and interpreting the licence terms and on fair use for both the buyer and the artist/stock company, but I cannot rule out that my interpretation is wrong. I'm not an Adobe employee).

[Nancy OShea]

Short answer:  No. 

You may not use another artist's assets to promote yourself unless you purchase a license to use the image.  And you can NEVER use another artists assets and claim it as your own.  That would be a violation of intellectual property rights.

When you create original artwork or photography entirely yourself, of course you may use it anyway you wish.

Does that answer your question?

[Kakie]

Thank you for your reply, Nancy. I have contacted 99Designs and asked them the same question. They are comfortable with the idea of using previews in a composite layout and then showing that layout in a portfolio attached to their platform as long as the designer has declared the usage of the stock image properly. All of this without licencing the stock images. I am still trying to find out from Adobe what exactly 'proper declaration of stock' means.

For what it's worth, I have no intention of taking credit for someone else's work!

[Abambo]

Thank you for your reply, Nancy. I have contacted 99Designs and asked them the same question. They are comfortable with the idea of using previews in a composite layout and then showing that layout in a portfolio attached to their platform as long as the designer has declared the usage of the stock image properly. All of this without licencing the stock images. I am still trying to find out from Adobe what exactly 'proper declaration of stock' means.

For what it's worth, I have no intention of taking credit for someone else's work!

By @Kakie

Look into my links:

[Kakie]

Thank you Abambo. Crystal clear. 🙂