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You could make a killing on this
January 15, 2009
Pimpin Deal coming at ya!
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4 Responses to “You could make a killing on this”
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January 15th, 2009 at 10:58 pm
I bought this product and I immediately noticed a very serious problem!
The author teaches that it is OK to buy graphics for template headers from istockphoto.com.
Here is what the author teaches: iStockPhoto.com may cost you a little money, but the returns
could be huge. You could buy 10 photos for $10 and place them on a site with a premium theme that you can then turn around a sell for over $200 or more.
This is a serious violation of the istockphoto license!
You can read the license here: http://www.istockphoto.com/license.php
This is the text: “Prohibited Uses” and you may not:
1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates,
Anyone who follows the advice in this book is leaving themselves open to a serious lawsuit.
Personally I think a notice should be posted in the forums where he said he sold his work to warn any of the author’s customers about what kind of legal trouble they are in.
And I think we should all get a refund.
January 15th, 2009 at 11:55 pm
I’m sorry, but personally you are an idiot.
It is perfectly legal to purchase a photo or photos and use them on a website. And even sell that website.
The text you are referring to is talking about buying photos and using them in the production and Mass distribution of an Application that allows you to create DESIGN TEMPLATES i.e. Dreamweaver, FrontPage, or some other similar app, or creating Templates for sale. You can not purchase photos from iStockPhoto.com and use them in said apps and sell those apps or templates.
Put simply they are talking about MASS DISTRIBUTION!!!
If you would like a refund please get it and then apply it to getting your law degree.
The Author,
Kitwana Akil
January 16th, 2009 at 11:21 am
First of all, there is no need to be so rude. Rudeness will only damage your own reputation. I went out of my way to carefully explain what I believe to be the problem by giving full documentation and a url to back it up. This is how it looks to me but if I am mistaken in my reading of the License agreement I certainly apologize.
Secondly, I don’t think you need to be a lawyer (or hire one) to make sense of the istockphoto license agreement. They go out of their way to state their policy and then re-state it using several different wordings. They state: “For clarity, you may not use the Content in products for resale…” The exceptions they mention are if you have an extended license ($$$) or if the content has been altered to produce an original work and cannot be extracted as a stand-alone file. The extended license is the pricey option. I suppose you could get away with embedding their images in a collage-type header but not just using them as an illustrations on a website for sale.
Finally, this is not a trivial matter! I feel strongly about this issue because I have seen friends suffer significant financial setbacks as the result of image copyright disputes. Getty Images, who purchased istockphoto in 2007, has made a name for itself as one of the most aggressive guardians of copyright ever seen on the internet. Trust me, they are the last people you want to get into a dispute with! In the past 2 years they have made image copyright a serious issue for webmasters all over the world.
I feel you also glossed over a similar issue with Artisteer… They have the same restriction on the resale of work incorporating the images they provide for use in their headers.
Image copyright is a significant factor in designing and selling websites and I feel you have misrepresented that aspect of the business. Again, if I am mistaken in my reading of the license agreement, I apologize.
January 19th, 2009 at 1:05 pm
You’re right it is a serious issue and one that should not be trivialized.
That is why you should know what you’re talking about before writing such things. I am at a loss as to understand why you would purposely try to undermine my business.
But to appease you I contacted iStockPhoto about this issue and here is their response:
Issue/Question:
Hi,
Under your standard license agreement is an individual able to purchase a photo and use it on a website and then sell that website. Understand that the seller is only selling the website once.
Thank you.
–
Hello Kitwana
Thank you very much for your message.
This is permitted, however the person purchasing the website has no further rights to the image, beyond using it on their website.
Please note that any images from iStockphoto are for display on the website only, make it clear to the person purchaing the website that they do not own the images, they only have permission to use them on the website.
If they want to use the images for other purposes, they will have to purchase the license for themselves.
Please, let us know if you have any questions.
Sincerely,
Tina Riedner
iStockphoto LP
Client Relations
Toll-free 1-866-478-6251
Ph: 403-265-3062
http://www.istockphoto.com
————————–
So again as I stated in my ebook it is perfectly legal to create a website using photos from iStockPhoto and then sell your website to a buyer.
Please do us all a favor and do your homework before attempting to damage another person’s business.
Kitwana Akil
Author, Pimp My Flip