Is it okay to turn royalty free images into digital embroidery files for sale?

[David Boutin]

Florida

We have a business that sells embroidery design files online. So people with an embroidery machine buy the design file from us, it's delivered electronically, and then they use that to actually embroider the design on whatever they like.

My question is about whether it is okay to use some royalty free image sites to get the images we digitize into an embroidery file that we sell. So, for instance, Pixabay.com says in their terms of service the following:

"Don't sell unamended or unaltered copies of an image or video, e.g. don't sell it as a stock photo, poster, print or on a physical product, without adding any value."

We do have to use software to convert the image into the digitized file but the image will still look virtually the same, just embroidered with thread on fabric once the customer uses the file we sold them.

My question is do are we abiding by their terms of service for either of the two reasons:

1. Going through the process of digitizing the image for embroidery is altering it.

2. Digitizing the design for embroidery adds value.

Any input appreciated. Thanks!

 

[quincy]

Florida

We have a business that sells embroidery design files online. So people with an embroidery machine buy the design file from us, it's delivered electronically, and then they use that to actually embroider the design on whatever they like.

My question is about whether it is okay to use some royalty free image sites to get the images we digitize into an embroidery file that we sell. So, for instance, [link removed] the following:

"Don't sell unamended or unaltered copies of an image or video, e.g. don't sell it as a stock photo, poster, print or on a physical product, without adding any value."

We do have to use software to convert the image into the digitized file but the image will still look virtually the same, just embroidered with thread on fabric once the customer uses the file we sold them.

My question is do are we abiding by their terms of service for either of the two reasons:

1. Going through the process of digitizing the image for embroidery is altering it.

2. Digitizing the design for embroidery adds value.

Any input appreciated. Thanks!

It depends on the license, the image and on whether any other rights attach to the image.

You can have specifics reviewed by an IP attorney in your area if you are unsure about whether your use infringes on any rights.

Good luck.

 

[David Boutin]

It depends on the license, the image and on whether any other rights attach to the image.

You can have specifics reviewed by an IP attorney in your area if you are unsure about whether your use infringes on any rights.

Good luck.

Hi Quincy,

Thanks for the quick reply but that's not terribly helpful. I'm here at this site to try to get an answer without having to pay to consult an IP attorney.

Perhaps some additional information would help...

Let's assume there are no other rights attached to the image.

Also, this is on a site that says the images are completely royalty free, even for commercial purposes (with the caveat included in the original post) and they do not have an option to purchase an extended license as many royalty free image sites do.

Again, this is specifically regarding Pixabay.com

 

[quincy]

Hi Quincy,

Thanks for the quick reply but that's not terribly helpful. I'm here at this site to try to get an answer without having to pay to consult an IP attorney.

Perhaps some additional information would help...

Let's assume there are no other rights attached to the image.

Also, this is on a site that says the images are completely royalty free, even for commercial purposes (with the caveat included in the original post) and they do not have an option to purchase an extended license as many royalty free image sites do.

Again, this is specifically regarding [link removed]

I repeat what I said before. The specific image and the licensing for the image matters.

"Royalty free" only means you do not have to pay royalties. You can reuse the image without additional cost.

I won't make an assumption that your use of the unknown image has no other rights attached and is legally safe to use. Sorry.

For legal advice on a particular image and use, you will need to seek out a personal review by a legal professional in your area.

 

[justalayman]

You would be best advised, short of speaking with an attorney, to speak with the source of your images. It is their interpretation that will keep you from being sued rather than a person on the internet who doesn’t have all the facts

 

[quincy]

It is not unheard of for copyright holders to be unpleasantly surprised to learn that their images appear without their authorization on a "stock photo" or other website.

 

[David Boutin]

So it just impossible to use "royalty free" images safely?

Is it your opinion we can't trust royalty free sites because they could have copyrighted material (how would we know?). In that case, I wouldn't feel comfortable using them even under the terms of the website...

 

[David Boutin]

For reference this is one image I wanted to use: https://pixabay.com/illustrations/cat-animal-logo-cat-head-animals-1484725/

 

[quincy]

So it just impossible to use "royalty free" images safely?

Is it your opinion we can't trust royalty free sites because they could have copyrighted material (how would we know?). In that case, I wouldn't feel comfortable using them even under the terms of the website...

You should check the image site to see how they ensure images are free to use for the purposes you want to use them.

The best way to avoid all legal issues is to create your own original work or personally contract with an artist who can create an image for you.

We cannot provide advice on specific images. That exceeds the scope of this forum.

 

[justalayman]

• Don't sell unamended or unaltered copies of an image or video, e.g. don't sell it as a stock photo, poster, print or on a physical product, without adding any value.

That statement gives me pause.

While the digitizing and conversion to a executable embroidery file, to me would be an added value (what youre actually selling is the file), the way that restriction is written it makes me wonder if they mean it to read as it does. Per thst statement I couldn’t simply silkscreen the image on a shirt and selling it without adding value (more than it being on a shirt since they have included such a possibility as a basic point which you still need to add value to). I would want to know what they mean specifically by the term; added value.


The full verbiage of the terms makes it even muddier in my mind

The Pixabay License does not allow:

1. sale or distribution of Images or Videos as digital stock photos or as digital wallpapers;
2. sale or distribution of Images or Videos e.g. as a posters, digital prints or physical products, without adding any additional elements or otherwise adding value;
3. depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
4. any suggestion that there is an endorsement of products and services by depicted persons, brands, and organisations, unless permission was granted.

Again, that nebulous term of “adding value” seems to be quite important to them.

 

[PayrollHRGuy]

And this follows that.

Please be aware that while all Images and Videos on Pixabay are free to use for commercial and non-commercial purposes, depicted items in the Images or Videos, such as identifiable people, logos, brands, etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications. Pixabay does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.

 

[quincy]

David, contract and license analysis and interpretation is the practice of law, and goes beyond the scope of this forum.

A licensed legal professional in your area can be contacted or, as justalayman suggested, the copyright holder can be contacted, to best determine what you can and can't do with the image you want to use.

 

[PayrollHRGuy]

@David Boutin I see you liked my response. I hope you didn't do so after just reading the first line. If you read all of it it sounds like Pxabay says the pictures themselves are royalty free. But the things that are photographed may not be.

 

[David Boutin]

Thanks for the responses guys.

@justalayman I believe converting it to an embroidery file would alter and add value but, as you pointed out, that's fairly vague.

@PayrollHRGuy I am specifically avoiding anything like identifiable logos, people, characters etc. but thanks for pointing that out

 

[xylene]

Pixelbay's license seems to be primarily concerned with preventing you from competing directly or indirectly with them or doing anything which would create laibility for them. Anything it says or omits should not be taken to use any image for commercial purposes.