Why I Don't Use Free Stock Photo Sites for Books
Two things I don't do well: drawing and photography. I try. Really, I do. And what I can do is serviceable for most self-publishing use.
But when I look at all the amazing images and illustrations on stock art sites, I realize that it's better that I stick to writing words instead of trying to create a picture that's worth a thousand words. I am so grateful that talented artists, photographers, and curators make their work available for licensing to folks like me, even though, at times, it can be a bit of a financial investment.
With the cost of some of these images, it's tempting to click on over to the free stock photo sites which also have some amazing offerings. So why spend on images if you can use them for free? Here's why...
The "Free" Fall
I used to really love one particular "public domain" art and photography site. Some of the work there was truly incredible and, incredibly, free to use (or so the site said).
One day, I was looking for a particular type of image for a project. I found one that was perfect and decided to do a little digging to see who the originator of the image was for attribution. I clicked on the "visit website" link and was directed to yet another "public domain, free to use" image site. I clicked on the website for the image on that secondary site and was directed to yet another "public domain, free to use" image site. I wondered how far down this trail went. Had these images been stolen? I actually could not even verify the original source of the image AND whether it had royalty-free or Creative Commons public domain (CC0) status. This caused me to question how the site was policing the materials it offered.
Here's where it gets even more confusing and scary. I looked at the free stock photo site's Terms of Service. The site disclaimed all responsibility for the ownership, royalty-free or public domain status of any image available. At the same time, the site said you could use their images for any purpose, including commercial use. Even worse, it made you, the user, responsible for verifying the status of any image, as well as verifying if the proper model and property releases had been obtained.
What? Yikes! Basically, the site was saying, "Go ahead use this stuff and good luck if you get sued for improper image use."
After seeing that, I refuse to use any free stock photo sites. Period.
For many years now, I have used one very popular paid stock photo site that offers quality images for reasonable prices PLUS a legal guarantee that offers a bit of financial assistance to help defend you in the event that your proper use of one of their images is legally challenged.
Royalty-free Does Not Mean Copyright-free
Regardless of whether you continue to use free stock photo sites you trust or not, you do need to understand what royalty-free means.
Royalty free does not mean copyright free. The copyright to any image belongs to the original creator or copyright owner. Free or even paid stock photo sites merely grant you a "license" to use that image without paying a fee (royalty) to the copyrighted image creator or owner.
Some artists and photographers use these stock sites to get their work into public view which, they hope, will result in paid work. Some of these folks can be very successful in this arena and may create stock images exclusively.
Licensing of stock photos and images is an investment. Know what you're "buying"... even if it's offered for free.— Heidi Thorne
The "Commercial" Question
This may surprise you. Even if you properly license an image from a stock site, whether free or paid, you may not be able to use it in your self-published book. A book is considered a commercial venture and there may be limitations or outright prohibitions on using these images for that type of project.
For example, one site I've used allows you to use their images for some specifically defined commercial purposes, up to a certain number of physically printed copies. After that point, an extended license agreement needs to be purchased. But for electronic use (such as websites), there is no limit to the number of views.
Carefully read the Terms of Service (TOS) and Licensing Agreement for any site to verify limitations to using their images and how they protect both your rights and the rights of the image owners and/or creators.
Always Read and Keep a Copy of TOS and Licensing Agreement
Though it is tedious, read through the TOS and Licensing Agreement for any stock photo site you use, free or paid. Make sure you understand what you're agreeing to when you license these photos or illustrations. If you don't understand, seek legal assistance to help you sort it out. And keep a copy of both the TOS and Licensing Agreements somewhere in your permanent archive for future reference.
Question All "Public Domain" Claims
The term "public domain" is often used rather loosely when it comes to images. As well, many people incorrectly believe that "public domain" means "on the Internet." Nothing could be farther from the truth! In fact, verifying public domain status for images can often be a very tedious task and may even require legal assistance and research to confirm. This is even further complicated by the practice of free stock photo sites that allow users to upload images with little or no oversight and then claim they are "public domain."
There are artists that do contribute their work under a Creative Commons license (usually CC0 license) so the public can use their images and other work for free with some exceptions. Visit creativecommons.org for more information. And if you don't understand what you are entitled to do with these works, verify your rights or don't use them!
Keep a Log of Licensed Images With Links to Where They Originated
Even if not required by the Terms of Service or Licensing Agreement, I like to give attribution to both the stock site and the artist whenever possible, especially online. So I keep a spreadsheet of image data that includes links to where the original was located and licensed from, the artist's name and any other data to help me locate it online and in my archive.
Take Your Own Photos, But Obtain Necessary Model and Property Releases
Some of you might be thinking, "Well, I'll skip all this licensing hassle and mumbo-jumbo and take my own pictures." Good for you! But, be VERY careful that you obtain permission to take photos of other people or their property. These permissions are usually called "model releases" for people and "property releases" for buildings, places, and objects. You might be shocked at some of the places and things that require you to obtain permission—even pay a fee—to include them in your photos. Also, you may be completely prohibited from using images of certain people and property in your commercially available books! This actually can get very messy from a legal standpoint. So verify what permissions (if any) will be required BEFORE you shoot your photo subjects. Seek legal advice for procedures to follow for securing necessary model and property releases.
Beware of Using "For Editorial Use Only" Images
Stock photo sites, whether free or paid, often include "for editorial use only" images. That means they can only be used for editorial purposes (for example, news reports may be a permitted use), but not for commercial purposes such as books. Why? Because they usually feature famous people, places, property, things or brand names whose images may be protected by a variety of laws and regulations. Also, use of these identifiable subjects could suggest an endorsement or affiliation relationship that does not exist. You are usually prohibited from using these images in your self published books!
Do you use free stock photo sites?
Make Sure Any Subcontractors or Designers Follow the Rules on Proper Image Use
When hiring graphic designers, marketing or social media consultants, and virtual assistants, be very clear about the rules to follow regarding proper image use. Always retain final approval on all images used, how they are used and log licensing details for each image used.
Refer to your stock photo site's Terms of Service and Licensing Agreement for rules on client and/or subcontractor use of licensed images. For example, you may have an account with a stock site that, under their TOS, may allow you to share an image with your designer for specific projects. However, your designer will likely be prohibited from using that image in any projects that are not for you. Rules vary. So always verify what's permitted!
Disclaimer: Both the publisher and author have used their best efforts in preparation of this information. No representations or warranties for its contents, either expressed or implied, are offered or allowed and both parties disclaim any implied warranties of merchantability or fitness for your particular purpose. The advice and strategies presented herein may not be suitable for you, your situation or business. Consult with a professional advisor where and when appropriate. Neither the publisher nor author shall be liable for any loss of profit or any other damages, including but not limited to special, incidental, consequential or punitive, arising from or relating to your reliance on this information.
Questions & Answers
© 2016 Heidi Thorne