License for Painting Reference for Students

New Here ,
Dec 24, 2020

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Hi,

I'm an art teacher. For our paintings me and my students we always use images as reference. I am now going to be creating and selling an art course to my students. We will be working from a reference photo.

If I wanted to use one of Adobe's stock photos...

What license do I need for this purpose? 

Please do not refer me to the legal terms document where it explains all the license legal terms and options Adobe stock has, I've looked and read it already and can't find the answer to my question.

Thank you so much in advance.

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License for Painting Reference for Students

New Here ,
Dec 24, 2020

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Hi,

I'm an art teacher. For our paintings me and my students we always use images as reference. I am now going to be creating and selling an art course to my students. We will be working from a reference photo.

If I wanted to use one of Adobe's stock photos...

What license do I need for this purpose? 

Please do not refer me to the legal terms document where it explains all the license legal terms and options Adobe stock has, I've looked and read it already and can't find the answer to my question.

Thank you so much in advance.

TOPICS
Licensing, Terms of use

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Dec 24, 2020 0
Most Valuable Participant ,
Dec 24, 2020

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But the answer MUST be in the license. There is nothing else, at all, that governs your right to use. There's no secret or public set of simpler rules or more thorough details. No answer from anyone, be they expert, amateur or staff, can modify the license. If you need help interpreting the license, you probably need to talk to an IP lawyer. After all, in the case of a dispute, it is the lawyers who will run everything.

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Dec 24, 2020 0
New Here ,
Jan 02, 2021

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Sorry this didn't answer my question, I just need to know what license I need. Can someone answer me please?

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Jan 02, 2021 0
Adobe Community Professional ,
Jan 04, 2021

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Hi Patricia,

Adobe will not give a committment other than what is in the license terms. That's why they made them.

Now to your question:

I am now going to be creating and selling an art course to my students.

This sound to me a lot like a book or a website or something similar. So if  the primary value of your product is like a t-shirt (selling a t-shirt with a print on) or a mug (selling a mug with a print on) or simply a print that you distribute (paper is equivalent of a t-shirt or a mug) you will need an extended license. In the case where the image is only illustrative for your product (like a picture in a book) with a lot of own stuff around, a standard license should be OK, except if the print run is higher than 500k.

 

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 reading and interpreting the license terms and on fair use for both the buyer and the artist/stock company, but I can not rule out that my interpretation is wrong. I'm not an Adobe employee)

 

Regards, Abambo
Hard- and Software Engineer and Photographer.

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Jan 04, 2021 0
Most Valuable Participant ,
Jan 02, 2021

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No, I've explained why we can't answer. You MUST form your own opinion from a careful reading of the license. If you don't want to do that, you need to seek another source of images, as this is a legally binding contract.

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Jan 02, 2021 0
New Here ,
Jan 04, 2021

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Oh is not that I don't want to form my opinion, wish I could, but I can't form my own opinion when nothing is mentioned about my case. The terms are more focused on other examples like printing or online use in marketing or personal use. I came here to find some clarity about licenses. Hopefully someone can clear this doubts.

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Jan 04, 2021 0
Most Valuable Participant ,
Jan 04, 2021

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technically you don't need any licence because your students can just download the samples

Screenshot (971).png

each image will have the adobe stock watermark ... your much bigger issue is getting to Adobe Stock past your schools proxy server but a smart teacher will simply download samples from home before coming to class with a portable hdd

 

to be clear, if you or one of your students wants to publish these images without their watermarks THEN you need to grab a standard or extended licence

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Jan 04, 2021 0
New Here ,
Jan 04, 2021

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What I'm doing is creating an online course for my students to buy and use the reference image chosen. I will use that reference photo as a guide for creating my painting.
I don't mind buying the extended license at all.

If my students wanted to share those paintings in which they have used that reference photo would they need to buy an extended license themselves or would me buying it be enough?? They would probably share the painting on social media.

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Jan 04, 2021 0
Adobe Community Professional ,
Jan 04, 2021

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Hi Patricia again,

 

This is exactly why it is very difficult to give advice with licensing.

 

My appreciation here is a) that @Ussnorway  is wrong in that sense that you absolutely need a license. Which one depends on how your product looks like.

b) @Ussnorway is probably right that no student needs a license if they are just doing a work for their own pleasure. However, as soon as they want to publish their work based on the work of a different artist, they need to acquire a license or you need to acquire the license for them (like you are doing work for a client).

 

This is, however, without consideration of eventually existing priveledges for schools in this matter. Sometimes for teaching rules are different. That's why it's so complicated. We simply do not know enough to give you a 100% answer. And none of us here is a lawyer or a person trained in licensing laws (at least not to my knowledge).

 

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 reading and interpreting the license terms and on fair use for both the buyer and the artist/stock company, but I can not rule out that my interpretation is wrong. I'm not an Adobe employee)

Regards, Abambo
Hard- and Software Engineer and Photographer.

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Jan 04, 2021 0
Most Valuable Participant ,
Jan 04, 2021

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What I'm doing is creating an online course for my students to buy and use the reference image chosen. I will use that reference photo as a guide for creating my painting.
I don't mind buying the extended license at all

ok imo Adobe Stock is the wrong option and you are better off with photos the students (or some camera club perhaps) have taken... photos for reference are fine but Stock is a bad fit for this type of senario

 

if you are teaching as part of a school then the normal thing would be for the school to have the licence and you will be hard pressed to find many schools doing this because Adobe has not put any real effort into making this system work for them... as a private person you should have a licence for the images you get your students to work with

 

If my students wanted to share those paintings in which they have used that reference photo would they need to buy an extended license themselves or would me buying it be enough?? They would probably share the painting on social media.

.. a reference photo is when you look at one image to get ideas about another, it is not copyright but a total copy i.e, 1 for 1 should still not be done and to be clear, cutting up or editing an image with something like Photoshop is not a reference image and IS still under copyright even if the new edit makes it look very different

 

or to put it another way, its the image files themselves which are copyright... not the idea they show

 

if the students place these images online with the watermark then they don't need a licence however places like FB will tend to take these images down because its assumed to be covered by copyright even thou you still have the watermark

 

if you pay for the image and then a student posts it i.e, without the watermark then its unlikely to be taken down but techcially is against copyright because the licence is for you not the students... again this why Adobe Stock is the wrong tool here

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