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View Diary: HaHaHa! The Zimmerman "Painting", A Great "Derivative" Piece, Update: DU Chimes In (43 comments)

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  •  Assuming GZ purchased and downloaded a (4+ / 0-)

    non-watermarked version (and that's a big assumption), he would have had to agree to at least the standard (included) stock image license agreement -- most of which are virtually identical to the one iStockPhoto uses. Here is a partial listing of their PROHIBITED uses, and I've bolded the applicable portion...

    4. Standard License Prohibitions

    (a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:

    use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

    use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);

    use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

    Now, an Extended license is usually available which would likely permit what GZ is doing here -- for a similar flag image on iStock it's an extra $400 or so -- but I'm gonna guess he didn't bother... probably thinking he wouldn't get caught.

    Surprise, surprise, surprise.

     

    “For all you kids watching on C-Span, Boehner just is white.”

    by here4tehbeer on Tue Dec 17, 2013 at 06:52:10 PM PST

    [ Parent ]

    •  So, we don't actually know. (1+ / 0-)
      Recommended by:
      here4tehbeer

      The first place I saw the image available was on Getty Images, and they also list it as available for commercial use.   Has anyone asked the guy if he got permission?  Because we've been talking about this story all day, and nobody appears to have bothered to find out if there's anything here to talk about at all.

      •  I think the fact that he seemed to be foisting it (2+ / 0-)
        Recommended by:
        Compost On The Weeds, Eyesbright

        as some kind of "original painting" instead of what literally appears to be a paint-by-numbers version of a posterized stock image is plenty.

        He can, obviously, acquire the proper licensing / permissions before actually selling the thing.  Hopefully he'll remember that applies to the font used as well :)

        Now, the fact that there allegedly were morons willing to pay $100k for it is... well... Exceptionally American. All I can do at that point is shake my damn head.

        “For all you kids watching on C-Span, Boehner just is white.”

        by here4tehbeer on Tue Dec 17, 2013 at 07:26:04 PM PST

        [ Parent ]

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