Author Topic: Book Covers From DeviantArt Stock Images?  (Read 503 times)  

Offline FallenSiren

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Book Covers From DeviantArt Stock Images?
« on: August 11, 2017, 10:12:32 PM »
As a graphic designer turned soon-to-be author, I want to make the cover for my debut book, but I haven't used any stocks from DeviantArt before. I just found an image of a model that would be absolutely perfect for my main character, and I have seen recent releases using other stocks from the same DeviantArt account. The only thing is... I'm not sure if I NEED permission to use the image. The Stock Rules on the account are:

- Always credit me by my Deviant name if you're using any of my stock, and always use a link in the description to my dA page.
- Contact me or comment with the link of your artwork. I'd be more happy to see the finished result.
- You have my permission to use the finished product on other sites than dA, but you have to give me the link to the page and credit me.
- Send a note if you want to use my stock through commercial use.
- You may sell your artwork as prints here on dA.
- You may use the artwork as a book cover but my name has to be included, and if possible, I'd love to get a copy if published.
- Contact or comment me for questions.
- Do not claim the original photo as your own.

- Have fun!
 

I commented, left a note, and even e-mailed, requesting to use the specified image, and I offered to pay to use the picture (despite the account again not specifying whether you needed to purchase the image or not). It's been over two weeks, and I have yet to receive a response. There hasn't been any visible activity on the account in the past year or so, but I've seen books released as recent as a month ago using images from the account. And the email address I sent my request to was from her YouTube account that she just posted on.
 
I am going to leave all the necessary credits and links specified, but the "Send a note if you want to use my stock through commercial use" portion has me still wondering if sending a note is all I needed to do? Or do I need to receive written permission BEFORE I publish my book? I would love to use the image, because it's SO UNBELIEVABLE PERFECT for my cover, but I don't want to get in trouble. Anyone run into a similiar issue? 

Offline abgwriter

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Re: Book Covers From DeviantArt Stock Images?
« Reply #1 on: August 11, 2017, 10:20:42 PM »
DA stock can be tricky, because the models have all sets of different rules. However, if you haven't been able to contact the model I wouldn't advise to go ahead with it. It's better to be safe than sorry, even if you've seen covers using the stock from the account that doesn't mean they are doing it with permission and won't get in trouble for it. As any author knows, copyright issues are a THING. You don't want to use the pic in a cover, publish your book, have it be successful and then having to take it down or even face a suit because you technically used a restricted image.
 

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Offline Kal241

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Re: Book Covers From DeviantArt Stock Images?
« Reply #2 on: August 11, 2017, 10:30:17 PM »
As a longtime DA user, I urge you to thoroughly research the image you want to use, the artist, and the model depicted. There can be catches you don't want to run into. I know plenty of stock photo artists, and their TOS can be pretty straightforward, but better to be safe than sorry.
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Offline dgcasey

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Re: Book Covers From DeviantArt Stock Images?
« Reply #3 on: August 12, 2017, 01:04:25 AM »
Based on what the TOS says on the DA member's page, I'd say go ahead and use it, but make sure you follow their terms completely. Meaning, make sure their name in credited in the book. Also, make sure you make a screen shot of the TOS page and save that in your hard drive. Also, leave them a couple of emails, telling them you have a copy of the book waiting for them and you just need their address to send it. Their TOS clearly says you can use the image for a book cover. I'd go with that. Nowhere does it say you need to contact them to get their permission. You already have that as long as you adhere to their terms.

I am currently readying a book to publish in the next few days and I have a cover using a DA piece of art, but I contacted the artist, we worked out a deal and I am paying for the image. I didn't find it in the stock image section. I found it in the artist's portfolio.
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Online Nic

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Re: Book Covers From DeviantArt Stock Images?
« Reply #4 on: August 12, 2017, 01:23:44 AM »
The main question is whether there is a recognisable person on the photo and whether that person has signed a model release.

If it's just a photo of something needing no release or licence whatsoever, go for it and proceed the way dgcasey wrote. However, be wary of photos with people on them. That goes also for photos up on unsplash and like sites, by the way. If the persons on them can be easily recognised you need a model release.

Offline ShayneRutherford

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Re: Book Covers From DeviantArt Stock Images?
« Reply #5 on: August 12, 2017, 12:38:06 PM »
Their TOS clearly says you can use the image for a book cover... Nowhere does it say you need to contact them to get their permission.

But it also separately specifies that the artist wants to be contacted for commercial use, and it could reasonably be assumed the artist wants to be contacted so they can give their permission or not.
     

Offline RBC

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Re: Book Covers From DeviantArt Stock Images?
« Reply #6 on: August 12, 2017, 12:52:01 PM »
Just always contact the model/stock creator and ask for their rules and if they allow you to use the image. Some great stocks there on DA and some even allow free commercial use but other don't. Thus direct contact is a must.

Offline Lou Harpr

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Re: Book Covers From DeviantArt Stock Images?
« Reply #7 on: August 12, 2017, 03:22:13 PM »
As others said, if it's a photo of a recognizable person you MUST have a signed model release from that person. Otherwise you're opining yourself up to lawsuit. Whatever permissions the photographer is giving doesn't cover the model release.

Would it happen to be faestock? In case it is, you can find a bunch of her photos on Shutterstock.

Offline Heather Hamilton-Senter

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Re: Book Covers From DeviantArt Stock Images?
« Reply #8 on: August 12, 2017, 07:06:30 PM »
As others said, if it's a photo of a recognizable person you MUST have a signed model release from that person. Otherwise you're opining yourself up to lawsuit. Whatever permissions the photographer is giving doesn't cover the model release.

Would it happen to be faestock? In case it is, you can find a bunch of her photos on Shutterstock.

It can't be Faestock. Jessica is very clear in her DA page that commercial use requires contacting her and a fee. I believe it's something like $25 and you send it to the email she has listed there.

As for this stock provider, the journal does specifically state the images can be used for book covers as long as they are credited in the book. I think you are probably fine, though you must always tread lightly with DA. But most DA stock providers are actually giving permission for you to use photos they've rigged to be taken of themselves, no other photographer, so they are the model and photographer in one. I'm not sure if their online written permission legally qualifies as a model release, but they do own the copyright to their own photo and can allow people to do things with it if they want to.

The only issue here is that you haven't heard back from this person - and DA artists can change their personal TOS at any moment. I've used stock from there when it was explicitly stated as free, only to find that a year later they've changed their policy on their own images and they no longer allow book usage. So you feel kind of hung out to dry. I now only use stock from people I can contact and pay. So I'd wait until you get some sort of response before going ahead, just in case.