Author
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Dominic1978
Boot
Joined: 18 Feb 2009 Posts: 45 Location: Arnhem, Netherlands
Your experience with stock photo portraits (Or models wanted) Hi all,
I have been lurking for a while but now is the time when I need some help.
I have developed an ARG storyline, I can have websites up and running within a week, but I need portrait photos for 1 or 2 characters (males).
I have checked out the royalty free stock photo sites, but they all have clausules which could prevent you from labeling a person on a photo as a hacker or dead person (even if you change their name etc.).
I must not be the only one to run into this issue.
Have any of you any experience in this? Any workarounds?
Any tips would help. My friends are all quite non-technical and I doubt whether I could explain to them for what I would use their photo's ("you are going to be dead/a spy/a hacker/a drugsdealer, I will launch a website as well as a false emailaddress/facebook/myspace/blog for you, but don't worry, it is all a game see what I mean?)
Greets and thanks,
Dominic
Posted: Wed Feb 18, 2009 6:23 am
ndemeter
Entrenched
Joined: 28 Jul 2004 Posts: 1037 Location: Sunny California!
To my knowledge stock photo is just that. There is nothing that prevents you from using it for whatever you want given that there is a component of this game that's behind the scenes and explains that all characters are fictional and the images are used for entertainment purposes only.
Where did you see the disclaimers you mentioned?
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Posted: Wed Feb 18, 2009 12:20 pm
xnbomb
Unfettered
Joined: 13 Oct 2003 Posts: 660 Location: J302B S8JDC
ndemeter wrote:
Where did you see the disclaimers you mentioned?
This is interesting; I wonder if Dominic1978 is looking at something like the iStockphoto license agreement , specifically in Part 4. Standard License Prohibitions, where there is this clause:
The lawyers who wrote the iStockphoto License Agreement wrote:
6. use the Content in a fashion that is considered by iStockphoto (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute ;
(Added emphasis is mine)
So, if you want to use a stock photo as the image for a character who, in your fiction, does things that are disreputable, there is a legitimate concern that in so doing you could bring the (likely unknown) model for the photo into disrepute, and thus be violating that prohibition in the license agreement?
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Posted: Wed Feb 18, 2009 4:07 pm
natas
PHP Ninja
Joined: 06 Oct 2007 Posts: 3177 Location: Northwest Indiana
xnbomb wrote:
So, if you want to use a stock photo as the image for a character who, in your fiction, does things that are disreputable, there is a legitimate concern that in so doing you could bring the (likely unknown) model for the photo into disrepute, and thus be breaking the license agreement?
Hmm.... I'm interested in this now as it bears a great significance on whether I can use photos that I'm using currently. Is it ok to use stock photos as long as (like ndemeter said) they "are used for entertainment purposes only."
Posted: Wed Feb 18, 2009 4:12 pm
xnbomb
Unfettered
Joined: 13 Oct 2003 Posts: 660 Location: J302B S8JDC
natas wrote:
Hmm.... I'm interested in this now as it bears a great significance on whether I can use photos that I'm using currently. Is it ok to use stock photos as long as (like ndemeter said) they "are used for entertainment purposes only."
This would seem to be the tricky part. If you're going the TINAG route, you might not want to disclaim the images as being representations of fictional characters for entertainment purposes only until much later (if at all). Or, to put it another way, maybe you don't have (or want to have) a behind-the-scenes/meta site. Lots of corporate-run games of late have had them, but plenty of grassroots efforts and less recent games did not.
_________________My location is a little tricky, but sooner or later, you'll get the knac k.
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Posted: Wed Feb 18, 2009 4:18 pm
vpisteve
Asshatministrator
Joined: 30 Sep 2002 Posts: 2441 Location: 1987
I've used istockphoto pretty extensively for years without a problem. Except for maybe two teams not telling each other which photos they've used and discovering the same model being used for two different characters. Not that that ever really happened or anything....
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Posted: Wed Feb 18, 2009 6:20 pm
ndemeter
Entrenched
Joined: 28 Jul 2004 Posts: 1037 Location: Sunny California!
vpisteve wrote:
I've used istockphoto pretty extensively for years without a problem. Except for maybe two teams not telling each other which photos they've used and discovering the same model being used for two different characters. Not that that ever really happened or anything....
Yeah but that's easily fixed by saying she's a robot, right?
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Posted: Wed Feb 18, 2009 6:22 pm
Dominic1978
Boot
Joined: 18 Feb 2009 Posts: 45 Location: Arnhem, Netherlands
Indeed xnbomb, that was the specific text that worried me.
Currently I'm thinking about going low-budget-cgi (which means I'm going to download a bunch of portraits, cut out eyes, ears, mouths and mix and match my own character).
That way no reputation would be damaged when the character is wanted by the police/a spy/murdered/trying to destroy the planet.
I will experiment with this tomorrow.
Greets and thanks for your input,
Dominic
Posted: Wed Feb 18, 2009 6:42 pm
Agent Lex
Entrenched
Joined: 11 May 2006 Posts: 1188 Location: No longer London, still in England
ndemeter wrote:
vpisteve wrote:
I've used istockphoto pretty extensively for years without a problem. Except for maybe two teams not telling each other which photos they've used and discovering the same model being used for two different characters. Not that that ever really happened or anything....
Yeah but that's easily fixed by saying she's a robot, right?
Or evil twin. Just draw a goatee on one character's photos, that'll work.
Posted: Wed Feb 18, 2009 6:43 pm
RemixFiction
Account Disabled
Joined: 08 Jan 2009 Posts: 39
As a photographer, I've worked with some of the folks over at Istockphoto - most of whom would be fine with you using their images in an ARG project.
The nice thing about IStock is that they also have an active community of photographers/artists who love to learn more about how their images are being used. In their forums there is a Request New Content sub-forum where you can post specific requests for images and open a dialog with the photographers. Once you establish a relationship with a few photographers you can have them explain to their models how the images will be used.
IStock will only raise it as an issue if the photographer or model registers a complaint with them. I think you're fine using stock images of models if you take a few more of these precautionary steps. Heck, you might even get a model to be more involved in the ARG so they can add it to their resume.
Posted: Sun Feb 22, 2009 11:25 am
Nighthawk
I Have 100 Cats and Smell of Wee
Joined: 14 Jul 2007 Posts: 4751 Location: Miami, Florida, USA, Earth
I use Shutterstock often. All of the pictures there require that they sign a release for the photo.
There are some photos that are flagged as "editorial use only", which means you theoretically can't use them anywhere. This includes images of famous people, for example.
I haven't gotten any complaints... yet...
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Posted: Sun Feb 22, 2009 5:38 pm
RemixFiction
Account Disabled
Joined: 08 Jan 2009 Posts: 39
Istockphoto also requires model and property releases.
Posted: Sun Feb 22, 2009 10:20 pm
Geppetto
Boot
Joined: 06 Mar 2009 Posts: 20
I'd never really considered the possibility of actively courting the stock photo community in the manner described above. I've always just taken the rather passive approach of taking whatever is presented, as is. And of course, the idea of a symbiotic relationship between stock photo models and the ARG community is pretty appealing...
Posted: Tue Jul 21, 2009 11:55 am
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