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About sxc.hu stock

Journal Entry: Tue Mar 5, 2013, 1:58 PM

Greetings!


A few of you have been really worried lately about using stock from sxc.hu here because of the change in their ownership. Basically, you were concerned that their license says that you cannot redistribute their stock in whole or in part, by itself or combined with other elements, without the written approval of the original photographer.

As we all know by now, creating a photomanipulation is considered "making a derivative image." And we know we can't make premade backgrounds without permission from the photographers, as doing so is redistributing their work.

I advised a couple of you to check with the Help Desk and sxc.hu to find out the whole truth before making rash decisions about your group that could potentially make everyone panic.

Using my own personal account, I wrote to sxc.hu to find out what the story was. Here's what I said:

I was just wondering whether creating photomanipulations from your stock and uploading them to deviantART.com is a violation of your image license agreement?


Their reply:

Photo manipulation does not grant you copyrights to the image therefore you cannot use sxc.hu images in the described manner.


My response:

Thank you. So, just so I am absolutely crystal clear, I cannot create derivative work from your stock (by mixing it with other stock, for example) and upload it to another website or an online art portfolio, as an art piece and not as new stock?


Their final reply:

You are correct - you cannot create derivative works with the use of sxc.hu images. Furthermore, you need the original artist's permission to use their work in a derivative composition.


So now what?


First, let me be clear: This is not deviantART's official statement. I do not speak for deviantART; I am only a volunteer.

That being said . . .

:bulletblack: I will no longer accept Daily Deviation (DD) suggestions where sxc.hu stock has been used unless you can document that you have the photographer's permission to use that stock and did so in accordance with his/her license terms (and state so in your artist's comments).

:bulletblack: No further "Rebirth and Renewal" contest entries with sxc.hu stock will be accepted unless you can document that you have the photographer's permission to use that stock and did so in accordance with his/her license terms (and state so in your artist's comments). As for pieces already submitted, I will not remove them, but I *recommend* that you get permission from the artist.

:bulletblack: I also will not allow sxc.hu stock in any group in which I am Founder unless you can document that you have the photographer's permission to use that stock and did so in accordance with his/her license terms (and state so in your artist's comments).


Is dA going to remove my work if it involves sxc.hu stock?


Again, I don't speak for dA. I do know that, by submitting photomanipulations to this site, you are agreeing that you have followed the rules set out by the license holder (in this case, sxc.hu and, even more preeminently, the photographer).

See FAQ #157: Can I use things created by other people in my submissions?: Failure to obtain proper permission for the use of materials protected under copyright can leave your deviantART submission vulnerable to being removed by our staff following a valid claim of infringement against it.


I apologize to those who were saying this for kind-of cutting you off; I hope you can understand that I just didn't want to jump the gun and send everyone into a panic until we knew the whole truth and the full story. :rose:

So, there you have it, for what it's worth. :wtf:


Take care,

Jade :dalove:

The low-down on stock from sxc.hu. The tl;dr version? Just don't use it without permission.
Add a Comment:
 
:iconchryssalis:
chryssalis Featured By Owner Jun 23, 2014
I don't get it..They introduce themselves as "Welcome to freeimages,
the leading source of free stock photos!"..What kind of free stock photos is that?
And what about the photos we have downloaded many years ago and they don't even exist now in that site?
Thank you for taking the time to help with this matter..:hug:
Reply
:iconaffant:
affant Featured By Owner May 12, 2014
So, how if I can't contact the original photographer because he isn't active again???
They said that SXC (now Freeimages) is the leading of free stock photos
Reply
:iconshortcircuit123:
ShortCircuit123 Featured By Owner Apr 29, 2014
just wondering, if we can not use them, why is it called a free stock site? This is confusing
Reply
:icons-taz:
S-TAZ Featured By Owner Mar 2, 2014   Digital Artist
I spend hours searching and downloading images from that site... Now I have to remove all of them... SIGH~ Oh well... 
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 2, 2014   Digital Artist
I never said you have to remove them all. What I said was that I personally was not going to DD deviations using that stock unless the person had permission from the photographer. No one is telling you to remove anything.
Reply
:icons-taz:
S-TAZ Featured By Owner Mar 2, 2014   Digital Artist
Yeah, I know. I'd have to remove it since the file names are just a bunch of numbers and tracking down all the owner of the image is a pain. So I can't use it in my future work. I'm not removing it because anyone said anything. I'd rather not use something without permission, even if the owner have no idea that I'm using it. We have enough thief on the internet as it is. Anyway thanks for the heads up. :)
Reply
:iconblue-rat-designs:
Blue-Rat-Designs Featured By Owner Feb 1, 2014  Professional General Artist
This is their worst decision. In my opinon, they should turn to fully paid site so that people are not falling into trap of "free but you cannot use it". Shame on them.
Reply
:iconsenare:
SenaRe Featured By Owner Nov 16, 2013  Hobbyist General Artist
Thank you so much for this.
Reply
:iconsayurie-luna:
Sayurie-luna Featured By Owner Oct 22, 2013  Hobbyist Digital Artist
what is sad in that, is for ppl who's still in Learning like me ! because plenty of best tutorial like Andrei use often that stock photo in there tutorial because they try to keep it free for ppl in Learning so that sad i cant put my result of tutorial on da and get critic of it, its really sad ! (sry for my English im french langage)
Reply
:iconaeirmid:
Aeirmid Featured By Owner Oct 22, 2013   Digital Artist
Oui, c'est vrai. Quelle honte.
Reply
:icona7md3mad:
A7md3mad Featured By Owner Oct 14, 2013  Professional Digital Artist
What!! 
Reply
:icondeepbluedesign:
DeepBlueDesign Featured By Owner Oct 6, 2013  Professional Digital Artist
I contacted sxc,hu myself and I got more or less the same answer as above. When I remarked that many of the photographers have disappeared or just don't answer, they said that in that case the image in question can't be used for anything at all ... I got a little narky and replied they should rename their website from "stockxchange" to "lookbutdonttouch". I did not receive an answer :D.
I will not use this website again. I have better things to do than chasing down people who can't be bothered to answer questions from other artists.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Oct 6, 2013   Digital Artist
Exactly. It's a real shame.
Reply
:icondeepbluedesign:
DeepBlueDesign Featured By Owner Oct 6, 2013  Professional Digital Artist
Their loss ... there are plenty of other stock providers who do behave reasonably and professionally. :)
Reply
:iconatlas091:
atlas091 Featured By Owner Aug 23, 2013  Hobbyist Digital Artist
Thanks so much for this Aeirmid! It appears I accidentally used a stock without asking permission first :o thanks again for clearing stuff up :)
Reply
:iconjazzaza:
jazzaza Featured By Owner Aug 7, 2013
why not switch to an other free stock photo site. Most of the good fotographers switched too. Alot of the old sxc photographers went to rgbstock.com. www.rgbstock.com is atrue free stock photo site and you can use the photos for manupilation sithous asking first.
Reply
:iconfellmekke:
Fellmekke Featured By Owner Jul 2, 2013
If I use their stocks for stamps, is that ok?
Reply
:iconaeirmid:
Aeirmid Featured By Owner Jul 2, 2013   Digital Artist
do so at your own risk.
Reply
:iconfellmekke:
Fellmekke Featured By Owner Jul 2, 2013
Hm, I see.
Well, thanks for this journal. :)
Reply
:iconwcs-wildcat:
WCS-Wildcat Featured By Owner Jun 25, 2013
that's retarded.. wtf is the point of making public stock if everytime someone wants to use it u have to have strict permission.. oh well I don't really care I haven't used stock from that site in years! I was thinking to use it again recently but after finding this out I think, cancel that. lol
Reply
:iconemilymhanson:
emilymhanson Featured By Owner Jul 21, 2013  Hobbyist Digital Artist
I agree but it's their policy.  Really they should rename the site and not call it stock art then.  I can't remember the last time I visited their site...it has been a while.
Reply
:iconeisblume:
Eisblume Featured By Owner Jun 20, 2013
Thank you for the journal! I didn't know this before. It was a great site to find good stock but now... well, sxc.hu is done for me, too.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Jun 20, 2013   Digital Artist
Or just get the original photographer to say it's OK. No worries, and definitely don't go taking all your work down.
Reply
:iconeisblume:
Eisblume Featured By Owner Jun 20, 2013
I try to arrive them. Thank you!
Reply
:iconadipose620:
Adipose620 Featured By Owner Jun 12, 2013  Hobbyist Digital Artist
This is kind of a bummer (seeing as it can be absolutely impossible to get in contact with some of the original artists if they're ghost accounts) but it is what it is.
I'll just refrain from using sxc.hu for now.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Jun 12, 2013   Digital Artist
Yeah, honestly I don't have a good answer to this one. :(
Reply
:iconmirroredpurity:
MirroredPurity Featured By Owner Jun 3, 2013   Digital Artist
I'm very glad to have seen this. The main problem with SxC is that many stock providers there will upload stock and then completely disappear. Their accounts become ghosts. I have quit using them, probably for about a year now, because I can't properly communicate with them. I find it best to stick to unrestricted stock or purchase it, though the latter is difficult for very young artists.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Jun 3, 2013   Digital Artist
:nod:
Reply
:iconkunichiminamino:
KunichiMinamino Featured By Owner Mar 31, 2013  Student Digital Artist
what do you think about using sxc.hu stock for nothing but reference? I used one to do a digital painting for a class because the teacher is a twat and wanted us to use random images from google instead.
Reply
:iconmirroredpurity:
MirroredPurity Featured By Owner Jun 3, 2013   Digital Artist
Well, technically DA stock images show up through Google search. ;) With any art or stock website, it's always best to look up the provider's page. I don't limit that to DA. Every stock provider has rules. SxC and the like should not be exempt. Pretend that you want to sell each piece you're making for profit. This will make you consider copyrights more strongly.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 31, 2013   Digital Artist
I honestly can only refer you to the individual photographer's terms of use. I am not saying and have never said that people can't use sxc stock. I don't speak on behalf of dA.
Reply
:iconkunichiminamino:
KunichiMinamino Featured By Owner Mar 31, 2013  Student Digital Artist
yeah, I understand. I've only done one photomanipulation (it was a long time ago) and since then most of my stock uses were purely for pose references or such of that sort. thank you for the tip through.
Reply
:iconeveblackwood:
EveBlackwood Featured By Owner Mar 28, 2013
I have a little news, very little, but I think I have to tell you.
I had an old manip, made with two sxc.hu images too, so I thought to cancel it...
But, before, I try asking the photographers.
These are their immediate replies:
"I am always proud if someone uses my photo for deviantart.
Could you please send me the ready made picture, when you are ready?
Thanks in advance!"
and
"You are more than welcome to use the image in your project. Thanks for asking!"
So, I could submit my last deviation.
As I told the last time, often photographers don't know or agree Stock Exchange terms of use.
About my sxc.hu account, I've declared on my profile to allow DA manips made with my images.
Maybe is it useful making a list of sxc.hu stock artists that allow the same, or at least reply?
It's OK, about model stock there isn't better of DA, but sometimes for other items, as landscapes, it's useful to have more choice...
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 28, 2013   Digital Artist
I absolutely agree, and never did I say not to use their stock. :) As long as the photographer is OK with it, it would be fine. :)
Reply
:iconeveblackwood:
EveBlackwood Featured By Owner Mar 24, 2013
I think that many stock providers of sxc.hu don't know this aspect of the terms of use.
I didn't know, for example, and now I've declared on my profile page that I allow the use of my images on DA.
In the past I've used a few of their stock, credited, and THEN tell the artists, and they liked the images I've created.
I think RGB stock allows derivative images [link] (but doesn't allow the sale of prints) and many stckers have "migrated" here, with the same images (there is the option of trasferring the whole gallery from sxc.hu).
Reply
:iconcouchycreature:
CouchyCreature Featured By Owner Mar 25, 2013  Hobbyist General Artist
thanks for the link Eve. I have signed up there.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 24, 2013   Digital Artist
That's interesting. I wasn't familiar with them before. Thank you for sharing. :)
Reply
:iconshadothezombie:
shadothezombie Featured By Owner Mar 24, 2013
I just got the news after submitting my last piece of work. ^Elandria was kind enough to give me the heads up about all this.
It is stupid and ridiculous, but it is what it is. Although their responses are kinda lame, I will stop using their stock images. However, I will not delete my works, hell I should remove the half of my galley ;)
Such a shame...what do they think their stock is used for is beyond me...
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 24, 2013   Digital Artist
Exactly.
Reply
:iconbarbitone:
barbitone Featured By Owner Mar 21, 2013
Wow, ok. So what CAN you use the stock for, then? What's the point of a stock site that doesn't let you use their stock??
Reply
:iconcouchycreature:
CouchyCreature Featured By Owner Mar 22, 2013  Hobbyist General Artist
My own opinion - You can use the stock for anything as long as you comply with the published Image Licence Agreement and the photographer/copyright owner's needs specified on each image there, or in the contributors profile.

A getty staffer has said in an email - no photomanips, but there is absolutely nothing in the licence agreement on the website that really precludes that use, according to informal legal advice I have.
Reply
:iconseykloren:
Seykloren Featured By Owner Mar 15, 2013
I basicly understood from them what is being said in this journal ever since I discovered and registered on their website like months ago, hence why I have never even used anything from them nor even opened the site again. If I cant understand something correctly or something feels shady, its cause it is, so best to just not even bother.
-If you still want to desperatly use something from there write to the creator of the image. Many people say tho they cba cause some people abandoned their accounts long ago and I think this is something that should be pointed out to their managment, they could for example make the inactive for long time accounts be invisible, the works uploaded by,but meh, I aint a part of their website to give these suggestions, I think almost each and every stock thingy out there is only interested in money and restricting artists in any way possible, I mean the big sites like these. It is almost impossible to even find stock for practice in Photoshop and delete later nowadays, soon I feel they gonna forbid that aswell and remote assistance your pc to see if you abide lol
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 15, 2013   Digital Artist
:XD:
Reply
:iconrevscrj:
revscrj Featured By Owner Mar 15, 2013   General Artist
just dont use it w/o permission

-is a polite respect, and good rule of thumb when using ANYTHING from ANYWHERE where you are not a member of that community of users and providers- from intellectual property to silverware its just good practice.
Reply
:iconaeirmid:
Aeirmid Featured By Owner Mar 15, 2013   Digital Artist
nods. agreed.
Reply
:iconrevscrj:
revscrj Featured By Owner Mar 15, 2013   General Artist
Further reading comments I am understanding that this applies to their members as well? New owners or not, thats like trying to claim you own linux because you paid 'a guy'. Photographers posted there for free use, right? Isnt it a contractual violation to buy and alter that term [at the very least a selfdestructive biz strat]? kodak did something similar w/ the free photo storage mondophoto (flikr precourser) and tried to redefine terms so that the original artists pay to extract existing archives of their own photos; ie, pay up or we hold your memories and art hostage because we paid 'a guy'. kodack is no more, where all biz models of that sort should be, imo.
Reply
:iconcouchycreature:
CouchyCreature Featured By Owner Mar 15, 2013  Hobbyist General Artist
I don't think you can download images from sxc unless you are a member.

Their licence agreement is not unusual, does not exclude our use and it hasn't changed since before the site was bought by gettyimages.
Reply
:iconrevscrj:
revscrj Featured By Owner Mar 16, 2013   General Artist
Ahh ok- so then the hullabaloo is about preview snatching then? Thats just rude AND low-res. Disregard previous minor outburst :D
Reply
:iconcouchycreature:
CouchyCreature Featured By Owner Mar 16, 2013  Hobbyist General Artist
To be honest, the hullabaloo seems to be about the fact that a gettyimages staffer is suggesting that there are requirements, that are not listed in their Image License Agreeement, that preclude our use for photomanipulation or digital collage. I have my doubts about the legality of such a claim (based on the license agreement), but there is enough confusion to make everyone here look with doubt at images from there. He suggests that written permission is required in every case. The individual photographers do not require it in most cases.

I intend to use them when it suits my work, but I probably won't get them accepted here in group submissions or for DD recommendations without proving I have written permission to use them.
Reply
:iconrevscrj:
revscrj Featured By Owner Mar 16, 2013   General Artist
Well that's unfortunate considering that if it isn't in the agreement it isn't binding in a court of law; but who wants to go to a court over that BS? All this accomplishes is less art spread/made and negative PR. Pointless.


Thanks for the time you took for clarification, its appreciated.
Reply
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