Where can we get safe images?

[BullDog]

This question might not even be in the realm of reality, but here goes.

Does anyone have a source of 100% safe photos and images (clip art) to buy, rent, lease, subscribe to... etc?

A Guru on another forum said to go to PhotoSpin. I did, and they do have some nice photos. But then I read their End User's License Agreement (EULA)... and it said in part... You use their stuff and you are on your own. They do not warranty ANYTHING, including NONINFRINGEMENT.

I went to other sites that offer photos and some of their EULAs are even worse. BoxedArt has a 9 pager that says... they warrant NOTHING including NONINFRINGEMENT and you should get legal advice BEFORE you click "I Accept".

So, my question remains -- besides taking the photos ourselves or drawing our own clip art -- where can we get 100% safe images?

I do own a camera but my pics are poor and I can't even draw a straight line.

Oh by the way - who reads the EULAs anyway? I will from now on!

Thanks,

Bull Dog

[Oscar Michelen]

I am not a photo expert so I can't help you there.  I have heard that stock exchange www.sxc.hu is good site for free photos but not sure about their safety (that is are they really their images?). Unfortunately the safest way is to take the image yourself or pay a photographer to do so and have them sign a release. We would welcome comments on good photo sites as this topic comes up all the time.

[Lettered]

I think the "100% safe" part is not possible.  However, you might try looking for government photos presented as being in the public domain.  As an example if you start here:

http://www.usa.gov/Topics/Graphics.shtml

read the warning to be careful about copyright the click on the "Defense Department Link"

From this page click on "About Images" and youll see that it says that all images on the page are public domain unless otherwise specified. Notice though, that if you keep reading, you'll see that there is a caveat: "... To the best of our knowledge, the graphics displayed here are in the public domain. ..."

Even if you buy photos you arent safe (as youve already found out).  If you read the contract  you must agree to in order to buy photos on most (if not all) sites I think you'll find that either they won't protect you if you get sued over infringement, or they will limit their liability (limited to price you paid for photo, or won't pay statutory damages).

Bottom line is that copyright law is so completely hosed (my opinion) that you shouldnt buy photos.

My advice is to buy a decent camera and take the pictures yourself.  Its hard to screw up general landscape shots (city skylines, etc).  I think that websites look more real and credible without pictures of people you dont know shaking hands, using phones, typing, etc anyway.

[BullDog]

Hi Oscar,

Thanks for the site http://www.sxc.hu. I have gone there in the past but I can't remember if I took advantage of their "free" photos. Heck, I can't remember what I had for breakfast.

That site contains some interesting details. It is located in Hungary, if that matters at all. They claim to have over 400,000 images in their collection. Their EULA also says, you are on your own. NOTHING is warranted against anything, including infringement.

And the most interesting thing about that site --- it is a subsidiary of Getty Images.

Something is horribly wrong here. Getty owns a company in Hungary called HAAP Media Ltd that offers and promotes FREE photo exchanges.

BullDog

[BullDog]

Hi Lettered,

I am with you on that one... the only way to be safe... never buy photos. Take them yourself.

BullDog

[Oscar Michelen]

What! I had not heard that Getty acquired that site as well.  That's frustrating,they are rapidly becoming a monopoly n digital imagery over the web with their acquisition of Jupiter as well, it looks like Masterfile and Corbis are the bigs one Getty will go after next.  I would recommend following what I and lettered have said - take the images you want yourself.

[BullDog]

I did a little checking and came up with:

On Dec 19, 2006 Jupitermedia acquired 100% of HAAP Media -  Stockxpert (www.stockxpert.com) and Stock.xchng (www.sxc.hu).

On Oct 23, 2008 Getty Images acquired Jupitermedia.

Prior to Getty buying out Jupitermedia, JupiterWeb properties included more than 150 Web sites and over 150 different e-mail newsletters that were viewed by over 20 million users and generated over 350 million page views per month.

Over the past few years there has been an absolute feeding frenzy with large photo companies being bought out by even larger companies. In the distant past we had thousands of small to medium sized photo companies on the Internet. Now, we have only 3 major players (MasterFile, Corbis, and Getty Images) in the mix who have gobbled up all the rest. The number of online photo companies and websites owned by Getty Images alone is much too long to list here.

It is sufficient to say... if you have a photo in your collection or on your website... the chances are one of the big three (or perhaps all three) will claim rights to it.

Oh by the way... all the major players claim Safe Harbor!

Like Oscar has said -- the playing field is not level.

BullDog