Using Stock Photos in Photoshop to Create Art

Explorer ,
Jun 16, 2019 Jun 16, 2019

Copy link to clipboard

Copied

I would like to license photos from Adobe Stock to manipulate in photoshop to make "digital paintings". Essentially the goal is to license a photo of a person and use the paint brush tool in photoshop to make it look like a painting and then use that for personal or business purposes.

What are my limitations and what license would I need to use this in the following ways:

  • To use as a book cover for my own book that I would like to sell.
  • To create book covers that I would sell to others.
  • To use create book covers that I would not sell, but display on my personal website as an example of my work.

I noticed that the standard license restrictions say you cannot sell the work unless "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". I'm not sure exactly how much modification is required in order to meet that requirement. And if I can't meet it with what I am doing, would I be able to do any of the above with an extended license?

Thanks for your help.

Views

435

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Adobe Community Professional ,
Jun 17, 2019 Jun 17, 2019

Copy link to clipboard

Copied

A standard license should be ok, except if the run of the book is more than 500k. When you create book covers for others, you need to get the buyer to adhere to the license terms. You need to re-license that same image for a different customer, when you use the same image.

hollyeperret  wrote

I noticed that the standard license restrictions say you cannot sell the work unless "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".

That's when the basic value of what you sell lies in the picture. For a book, the cover may be an important asset, even inciting the customer to buy, but looking at it, the main value of the book is the content and not the cover. That is not true when you sell a t-shirt or a poster with the picture, as here the main value lies in the image.

What are my limitations and what license would I need to use this in the following ways:

  • To use as a book cover for my own book that I would like to sell.

500k print run or downloads for e-books. -- both are to be counted as a combined product. With 500k, you should possibly be able to buy an extended license, with all that cash that you get from your sales.

  • To create book covers that I would sell to others.

The buyer needs to adhere to the license terms. You can't use the same license for a different customer. You will need to re-license.

  • To use create book covers that I would not sell, but display on my personal website as an example of my work.

That's web display. You have unlimited views at your disposal.

Regards, Abambo
Hard- and Software Engineer and Photographer.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Explorer ,
Jun 17, 2019 Jun 17, 2019

Copy link to clipboard

Copied

Thank you so much for taking the time to reply. So it sounds like I can safely license pictures, turn them into book covers, and use them on my own books or on a webpage. If I want to sell the cover, I can buy the extended license at the time of sale.

That is really perfect and works out rather well for me.

The only problem I have left is whether I can do this for Romance Novel covers. After I posted this I came across a thread that says Adobe Stock can't be used for romance novels specifically, though it doesn't say that directly in the license agreement.

It does say that you may not "use the Work in a way that depicts models and/or property in connection with a subject that a reasonable person could consider unflattering, immoral, or controversial, taking into account the nature of the Work, examples of which could include, without limitation, ads for tobacco; adult entertainment clubs or similar venues or services; endorsements of political parties or other opinion-based movements; or implying mental or physical impairment."

Some of the photos on Adobe Stock are quite explicit, so it seems a little strange to me that I wouldn't be able to use it for a romance novel. But I guess that is also part of why I was wondering if altering the image enough would remove that loophold??

Just want to make sure I use the license correctly.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Adobe Community Professional ,
Jun 17, 2019 Jun 17, 2019

Copy link to clipboard

Copied

hollyeperret  wrote

Thank you so much for taking the time to reply. So it sounds like I can safely license pictures, turn them into book covers, and use them on my own books or on a webpage. If I want to sell the cover, I can buy the extended license at the time of sale.

Do you sell the cover (without the book) as a printed item: you need an extended license, as the only incentive to buy your "cover" is the image. Or do you sell your work to a customer who uses your cover for a book that he sells? Then you need only a standard license, as long as the run is less than 500k.

hollyeperret  wrote

The only problem I have left is whether I can do this for Romance Novel covers. After I posted this I came across a thread that says Adobe Stock can't be used for romance novels specifically, though it doesn't say that directly in the license agreement.

Yes, you can. That was an old post (btw: when referencing a post, post also the link, so that users following the thread will be able to see what you see...). If you mean this answer: Re: Can Adobe Stock Photos be used for Book Covers? , you should lay emphases on this:

Another thing to keep in mind is that the use of the image cannot be perceived as offensive by a model featured in the image.
Regards, Abambo
Hard- and Software Engineer and Photographer.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Explorer ,
Jun 18, 2019 Jun 18, 2019

Copy link to clipboard

Copied

Hi. Thank you for the response.

I intend to to make a cover that I will sell to someone else for them to use on their book. Does the license I have cover them or do they need to separately purchase a license.

I’m sorry to be a pain, but I’m confused by the other two parts of your reply. Adobes current page on known issues and restrictions says that images with models shouldn’t be used on romance novel covers. Here is the link: Adobe Stock known issues and limitations

There‘s also the issues with whether the model would find it offensive. I’m guessing that’s why they say no romance novels. Which seems counter to many of the poses people are in in their pictures.

You're saying “Yes, you can.” but that sounds contradictory to the other things mentioned. Do you know of any place adobe has corrected this?

Thanks!

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Adobe Community Professional ,
Jun 18, 2019 Jun 18, 2019

Copy link to clipboard

Copied

The known limitations say:

Use of images on book/e-book covers

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.)

(Bold is mine)

All lies in the detail. The image should not be offensive for the model. Here some thoughts:

  1. In a stock image of a tree, there will be no offence.
  2. If you take an obviously erotic picture a more erotic romance story can not be offensive.
  3. However, if the picture you choose is an obviously under age girl or even not under age and your story is erotic or more than explicit, I would consider this as offensive.
  4. If you story is very explicit or even pornographic, than I could imagine that most of the models would feel offended.

Adobe will not say that here or there is the limit. They can't as they do not know neither the model nor your novel. So what they give is a guidance, that for me is quite clear:

Keywords here are "avoid" and "steamy".

Some books may be steamy but the covers can't be offensive to the model and still can convey a strong message: Female hand with crop whip close-up - Buy this stock photo and explore similar images at Adobe Stock... .

I intend to to make a cover that I will sell to someone else for them to use on their book. Does the license I have cover them or do they need to separately purchase a license.

They do not need to buy a separate license, but you can't use the picture again, even for your own work, if you do not take a new license. That someone needs to respect the license terms by Adobe stock, so either you write your own terms that are as restrictive as the Adobe terms (if you do not want to show your source), or you simply state in your contract that this and that image has been licensed from Adobe stock and that by acquiring the book cover the buyer acknowledges the license terms.

Regards, Abambo
Hard- and Software Engineer and Photographer.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Explorer ,
Jun 18, 2019 Jun 18, 2019

Copy link to clipboard

Copied

Thank you for the detailed response. I see what you're saying. The word avoid isn't the same as prohibit. If I were designing covers and selling them, I would never know what is in the authors book that is buying them. Sounds like it's their job to follow the license, but I'm not sure I can actually sell my work to them in the first place. I doubt many of them would be considered pornography, but they are often explicit in some way. It sounds like a risk unless I use an erotic image, but I mostly design for historical romance and that would be out of the norm for the genre.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Adobe Community Professional ,
Jun 21, 2019 Jun 21, 2019

Copy link to clipboard

Copied

You can't sell anonymously. At the end the buyer needs to agree to the terms and conditions as you need to pass them to the buyer (either with own terms stricter or as strict as Adobe's or with Adobe's current terms).

Pornography and what is considered to be pornographic is a matter of the culture you're living in. The standards tend to change with the time in one or the other direction.

Regards, Abambo
Hard- and Software Engineer and Photographer.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines
Explorer ,
Jun 23, 2019 Jun 23, 2019

Copy link to clipboard

Copied

I don’t recall saying I was planning to sell anonymously.

I dont think we live ina culture that views romance novels as pornography.

Likes

translate

Translate

Translate

Report

Report
Community Guidelines
Be kind and respectful, give credit to the original source of content, and search for duplicates before posting. Learn more
community guidelines