Attention! SXC.HU not usable for manips!

8 min read

Deviation Actions

kuschelirmel's avatar
By
Published:
14K Views


I just came across a journal by Aeirmid saying that sxc.hu's terms of use have been misinterpreted by us (= photomanipulators) all this time!

She wrote an e-mail to sxc.hu to clear this up and the fact of the matter is

sxc.hu is NOT availablefor derivative works, i.e. photomanipulations and collages


unless you ask the individual photographer for permission and get it (getting no answer is NOT an affirmative I'm afraid).

Here are Jade's journals on the matter:
About sxc.hu stockGreetings!
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 pho
Dead Horse is Dead.Hi all,
Thanks for your patience with the stock nonsense these days. I received this e-mail as part of a mass BCC today:
Dear [name of original writer],
Thank you very much for your email.
I have multiple requests for the same information from many devianart users, this response is bcc'ed to all parties seeking clarification.
I am aware of all the discussions regarding the use of sxc.hu images by devianart users. It appears a lot of the users have misinterpreted the terms of the license agreement granted by sxc.hu and I will be happy to clarify and hopefully answer all of the questions.
1. The rights granted by sxc.hu license are very limited and specific. You may not use sxc.hu images in photo-manipulations or digital collages. Furthermore, you cannot create any derivate works with the use of


Now, what you do with this information is up to you. I for my part will no longer use sxc.hu stock because I don't want to have to wait for permission each time I consider using something. Thankfully, our resouces and stock gallery here on dA is very extensive.

BUT also there I would be careful sometimes - if it feels off, I don't use the stock. That is especially an issue for premades, brushes and cut-out stock as some people seem to think that by altering something they make it their own and somehow have the right to pass something that was stolen on to others.

Please help by spreading the word!


What this means for #photomanipulated:

For Photomanipulated's gallery submissions, we will have a transition phase, I'd say until the end of this month (March), where we will still accept manips using sxc.hu stock. When the manips folder changes to April, sxc.hu manips will no longer be accepted (unless you have special permission by the photographer - this can be a link to their userpage where they give blank permission or you writing to them and getting personal permission. In both cases, give a link to the profile, in case of the latter, please write that you have permission from the photographer, just as it is customary to do when asking any other photographer for permission to use their image in a manip). I hope you understand we cannot make an exception there, just because it affects virtually everybody. I'm sorry.

Take care!
:heart:
Jasmin


PS: I haven't forgotten about the "ask me anything" journal - I'm currently answering the questions, but some are trickier than I thought, so it'll take a few more days.

Stock images & brushes courtesy of ChristasVengel-stock, RiNymph-Stock, dazzle-textures, DadiLights, iMouritsa, frozenstocks, PilgrimSoul, joannastar-stock, Atenaispd, bittbox & kuschelirmel-stock.
Design & coding by kuschelirmel-stock.
Journal Credits
© 2013 - 2022 kuschelirmel
Comments56
Join the community to add your comment. Already a deviant? Log In
EricForFriends's avatar
I used to buy from an affordable stock site for references. Then, one day digging into their fine print, I discovered that if I did use the resulting picture as a reference and sold it as postcard or whatever, I had to pay an astronomical price. Just as if the average artist makes tons of money from what he does, while advertising agencies or big corporations have to struggle to make ends meet if they want use that same picture - simply copied and unaltered - for a 5000 copies brochure. Duh.

I think that goes against what many people regard as reasonable. I'd never use the referenced picture unaltered anyway, it would be a minor reference or a starting point. That would make enforcement of this condition practically impossible.
Apparently, sxc.hu, or their lawyers, follow the same idiotic principle.

Not that the conditions of many stockiest on dA are much better, if you think them through. "Ask me for permission if you want to use this outside dA." It sounds reasonable at first, but, hello dear stockist, where will I find you if you've closed your account after some diva-tantrum? Don't get me wrong, you've all the right in the world to impose that condition. But do I want to put hours in some work and then discover that it's effectively become emprisoned in dA? I think not.