Standard license (website use)

[lukasss]

Hello,

I have a few questions:

1. I have read the FAQ section:

https://helpx.adobe.com/uk/stock/help/usage-licensing.html

What does the mean phrase "editorial article" in the following text?

"We require a photo credit to be added only when using the image in an editorial article or for social media. When editorial images are used in print, websites, blogs, etc, you must include the credit line mentioned on the Adobe Stock website and contained in the IPTC credit line field. For example, “Agency Name / Author Name - stock.adobe.com." "

If I am using a photo (standard license) on my company website or on the client's website. Do I have to add "Agency Name / Author Name - stock.adobe.com." visible in the photo?

2. https://stock.adobe.com/uk/license-terms

What does the mean: "Transfer the license to your client or employer." ? Can I send him a stand-alone file?  Example: if I create website project and development, next I want to inside photo which I used in project by CMS and display on website.

3. Can I use a photo (standard license) beetwen the text / in the text (only photo size modified) in website?

Thank you

[Nancy OShea]

1.  Restricted to Editorial Use Only typically means newsworthy.  For example, an image of the January 6th riot at the US Capitol would be newsworthy.  Used in that context,  you would need to credit the source of the image as Wikipedia does on their website.

https://en.wikipedia.org/wiki/2021_storming_of_the_United_States_Capitol

However, if you purchased a standard or extended use license for an image of a fluffy white kitten to use on your pet products website, no.  You would not need to credit the source of your image.

https://stock.adobe.com/images/cute-fluffy-white-kitten/224012006

Does that make more sense now?

[Nancy OShea]

2. If you purchased an image to use on your client's or employer's website, you are acting as their agent.  They are allowed to use the image on their website.

3. You may use the photo in whichever layout fashion you wish -- as a background image, a banner image, a carousel image, a foreground image, inside a paragraph, between paragraphs, combined with other images, etc...  It doesn't matter to Adobe Stock as long as you purchase the appropriate license for your use case.

For further questions, contact your legal dept or personal attorney.

[lukasss]

@Nancy OShea 

Ok, thanks.

Now a more complex situation: What if we are subcontractors to a larger entity? Can the client of this larger entity use the website without any problems?

[Nancy OShea]

If you're hired by an agency to work on a client's project, the agency is in effect purchasing stock images for the client's project.  At project completion, the agency transfers project to their client. That should all be spelled out clearly in the written agreements between agency & client.

[lukasss]

@Nancy OShea Thank you for your answear.

I talked to Adobe in the chat and I got information that if the agency makes a banner / website or other project using Adobe Stock, the best solution is if the client sends the agency photos to be used in the project (purchased on the client's account). The agency can use preview photos for the project and indicate their numbers to the client.

You can purchase photos on behalf of the client, but in this case you have to accept and sign a contract with the client that meets at least:
https://wwwimages2.adobe.com/content/dam/cc/en/legal/servicetou/Stock-Additional-Terms-en_US-2021012...

Look:

Point 6.
B is definitely safe for the Contractor (Agency) because in A we have to:

(2) are solely responsible and liable for use of the Stock Assets by your employer or client (as applicable);

This is too dangerous.

Additional Rights. Subject to the Terms and any applicable restrictions, you may have the following additional
rights:
(A) Employer or Client Use. You may license Stock Assets for the benefit of your employer, or one of your clients,
provided that you:
(1) represent and warrant that you have full legal authority to bind your employer or client to these Terms;
(2) are solely responsible and liable for use of the Stock Assets by your employer or client (as applicable);
(3) transfer your license to your client or employer via an enforceable written agreement that includes applicable
terms no less restrictive than these Terms; and
(4) obtain additional licenses for the same Stock Assets if you or your employer intend to use the same Stock Assets
for yourself, your employer, or for the benefit of other clients (as applicable).
(B) Employee and Contractor Use. You may transfer files containing the Stock Assets, including productions,
Projects, or other permitted derivative materials, to employees or subcontractors, provided that:
(1) such employees and subcontractors agree in an enforceable written agreement to abide by the restrictions in the
Terms;
(2) such employees and subcontractors only use the Stock Assets on your behalf; and
(3) you are solely responsible and liable for use of the Stock Assets by your employee or contractor.

[Nancy OShea]

It's definitely better if the client provides their own images.  But that's not always reasonable or practical.  That's why you need to consult with your legal dept to ensure all written agreements are clearly defined and ironclad.

[lukasss]

It is not practical and difficult for the client, but taking responsibility for what the client does with the photos is also not good.

[Nancy OShea]

I can't be held responsible for what the clients do. I make them sign a legal release at project completion. If they don't sign the release, they don't get the site or the images.