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Old 07-23-2019, 04:52 AM
Tailgunner Tailgunner is offline
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Adobe stock photos

If I would buy a adobe stock photo to use as a subject to make a painting from it and eventually sell that painting, what Adobe Stock license should a buy for this photo?
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Old 07-23-2019, 09:57 AM
contumacious contumacious is offline
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Re: Adobe stock photos

If you aren't going to ever sell it then the Standard License SHOULD be fine. If you are going to sell it then you will probably need the Extended License. Here is my take on the various levels of licensing.

Standard License
The key part is "Cannot use asset prominently in merchandise or products for resale" So that is out if you ever want to sell the painting.

Enhanced License
Same deal. "Cannot use asset prominently in merchandise or products for resale", so no go as well if you plan to sell it. All this license does is free you from the 500,000 limit on views or copies you might end up with.

Extended License
"Asset may be featured in merchandise or products for resale" - Bingo! (But still check with Adobe on using it for a derivative work / painting.)

Editorial Use Only
Just be sure the image you choose doesn't have this label unless you are doing a parody like an editorial cartoon or something similar which should fall under Fair Use copyright laws. But even under fair use a court / jury may still side against you even if you are clearly in the clear at first glance.

I never even look at Adobe images anymore so I won't be tempted. Too many risks and limitations for me. I used to do quite a few paintings from other people's photos with their permission, but have been shying away from that the last few years, sticking with my own photos exclusively. That way I never have to worry about copyright problems or entering a piece in a competition where they don't allow paintings done from other people's photos. One of the very best paintings of my entire career was done from a friends photograph. I can never enter it in any of the shows I am interested in because it isn't my photo.

Don't go on my opinion. Talk to Adobe and do some research to cover your six. Adobe has lawyers on the payroll to enforce their copyright. I am guessing you do not have a lawyer on retainer or your payroll.
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Old 07-26-2019, 08:03 PM
Harold Roth Harold Roth is offline
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Re: Adobe stock photos

I didn't know that some shows don't allow paintings done from photos. I use mostly my own photos, but recently I found a photographer online at smugmug who sells rights to use his photos to create derivative works for quite cheap, like six bucks apiece. I've painted two works from his photos.

There are tons of sources for public domain works you can use any way you want. For instance, Rijksmuseum recently digitized their entire collection so that people can use the images to create any works they want for free. There are a lot of other museums and public institutions that do this, like the NY Public Library, etc. A good source for finding public domain stuff is
https://publicdomainreview.org/
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Old 07-27-2019, 06:35 PM
contumacious contumacious is offline
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Re: Adobe stock photos

Quote:
Originally Posted by Harold Roth
I didn't know that some shows don't allow paintings done from photos.

I am not aware of any non plein air shows that don't allow painting from photos. The plein air venues with the no photos rule don't allow any cameras / photos to be used in any way during the painting process, including cellphones.

The only other photo rules for competitions / shows that I have seen deal with painting from a photo that you did not personally take. One example is the OPA.
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Old 07-28-2019, 08:57 AM
Harold Roth Harold Roth is offline
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Re: Adobe stock photos

Ah. I've never painted plein air, so that must be why I have not heard of this rule. When I'm doing landscapes, I do find photos helpful, but often I like to take a bit from this one and a bit from that. Like a recent painting of a bunch of mausoleums was made up from various photo bits. And just as often, I make it up completely. Oddly enough, the landscapes I've sold have all been from scenes I just made up completely. I love taking landscape photos, though.

I guess it makes some sense that OPA does not allow paintings done from ref photos. They seem to be a bit on the stuffy side.
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Old 07-29-2019, 07:59 PM
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Cindy Schnackel Cindy Schnackel is offline
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Re: Adobe stock photos

Except for plein air, I've only seen mention of art submitted to shows not infringe any copyrights, and not be simply a rendition of stock type photos. I've never seen anything saying you can't use your own photos as reference or even as the basis for a painting. But then, the art world I live in is pretty casual, so maybe this is more common elsewhere.
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Old 07-31-2019, 10:45 AM
contumacious contumacious is offline
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Re: Adobe stock photos

Quote:
Originally Posted by Harold Roth
I guess it makes some sense that OPA does not allow paintings done from ref photos. They seem to be a bit on the stuffy side.

The OPA does allow paintings done from your own photos. I would imagine that the majority of the pieces in the last OPA national competition were painted using reference photos at some point during the process. What they don't allow is for the artist to use someone else's photographs, only those taken by the artists themselves. Also, they don't allow tracing the photo or mechanically applying it to the painting surface. The artist must hand draw the image on the surface. The OPA does have strict rules but for good reasons. Though I have moaned about the no tracing rule being applied to hand drawn layouts as well, I can see the reason for the rules in a national organization with what I think is a worthy goal.
OPA Mission Statement
Dedicated to preserving and promoting excellence in representational art, Oil Painters of America’s primary mission is to advance the cause of traditional, representational fine art by drawing attention to the lasting value of fine drawing, color, composition and the appreciation of light.

Through our national and regional shows, educational programs, scholarships and marketing efforts, OPA has become a leader in the art community and a driving force in the new Renaissance.
There are several other national organizations / events with the "Your Photo Only" rule so it isn't unique to the OPA. My wife often enters national shows, and every one she has ever entered had a rule stating that you could only use photographs that were taken by you in creating your paintings. At least one my wife remembers, even says you cannot enter a painting that was created using a still life that was arranged by anyone but you. The point is they want ORIGINAL work, not something derived from someone else's creativity regardless of the level. I have no problem with that and support it fully for competitions. I also have no problem with using someone else's photograph for non venues that allow them and have done it before, though I have regretted it more than once when I ended up with a painting that I really liked that could not be entered in a show because it wasn't my photo.

Quote:
Originally Posted by Cindy Schnackel
Except for plein air, I've only seen mention of art submitted to shows not infringe any copyrights, and not be simply a rendition of stock type photos. I've never seen anything saying you can't use your own photos as reference or even as the basis for a painting. But then, the art world I live in is pretty casual, so maybe this is more common elsewhere.

Our local events are also pretty casual with very few rules like this, other than at one co-op gallery that states you cannot enter a painting that was done at a workshop or one that someone else helped you with. The problem that caused the rule to be set, almost everyone in the co-op takes the classes, so often you would see 5 or 6 paintings of the same model or the same still life entered in a show. Plus the ones where the instructor helped them paint it really weren't their own original work. I have seen similar rules to this in national events as well.

National Watercolor Society rules with similar stuff to the OPA:
8. Originality:
a. Your entry must be an original work of art, painted only by you, and not produced in a class or workshop.
b. Photo reference material must not have been taken by anyone other than you, the entrant. Other photo references NOT allowed include purchased images, permission-granted photos taken by others, stock photos, or copyrighted images either published or unpublished.
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Old 07-31-2019, 05:10 PM
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theBongolian theBongolian is online now
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Re: Adobe stock photos

Quote:
Originally Posted by contumacious
What they don't allow is for the artist to use someone else's photographs, only those taken by the artists themselves.
On the surface this seems like a reasonable rule but if you think about what that means imo it begins to break down. That limits you to painting your wife and kids, the annual backyard barbeque, Uncle Phil, your summer vacation etc. No historical figures, no places you haven't pesonally visited - limited landscapes, cityscapes, product shots, famous people, no stock photos... etc.
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Old 07-31-2019, 06:02 PM
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theBongolian theBongolian is online now
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Re: Adobe stock photos

Talking about restrictions --

When I first started painting I made a vow to paint ONLY in black and white, and to use no references what-so-ever while painting. That means not only no photographs, but no looking at ANY objects/scenes that appear in your painting until after the painting is finished. I called this painting "Meme Aire" - painting only from the contents of your memory. I kept this up, not as an occasional one-off - but the ONLY way I painted (no exceptions) for the better part of a year.
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Old 07-31-2019, 08:48 PM
Harold Roth Harold Roth is offline
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Re: Adobe stock photos

Quote:
Originally Posted by contumacious
Also, they don't allow tracing the photo or mechanically applying it to the painting surface. The artist must hand draw the image on the surface. The OPA does have strict rules but for good reasons. Though I have moaned about the no tracing rule being applied to hand drawn layouts as well, I can see the reason for the rules in a national organization with what I think is a worthy goal.
I can agree with no tracing from a photo. I really hate how it looks and for me it is a point of honor not to do it. But are they saying that an artist cannot make a sketch and then use a grid, a projector, or carbon paper to help them transfer that to a support? To me that seems odd. I do know an artist who takes photos, runs them through the art filter on photoshop that focuses on color levels to simplify the thing, paints over that digitally, and then somehow transfers that to canvas and paints it with oils or acrylic. Some look fine and others look really traced and a like a product of digital paintbrushes.

Quote:
At least one my wife remembers, even says you cannot enter a painting that was created using a still life that was arranged by anyone but you.
I imagine people who hire themselves out as still-life arrangers.

It didn't even occur to me that a group or show would not allow using a reference photo that was taken by someone else if you had their permission to use it, like you bought rights to use it as a reference photo for a painting. I guess it's possible to use a photo that another artist used as a reference and then who knows, it might be possible you both to enter the same show. Seems pretty far-fetched, though.
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Old 07-31-2019, 08:55 PM
Harold Roth Harold Roth is offline
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Re: Adobe stock photos

Quote:
Originally Posted by theBongolian
When I first started painting I made a vow to paint ONLY in black and white, and to use no references what-so-ever while painting. That means not only no photographs, but no looking at ANY objects/scenes that appear in your painting until after the painting is finished. I called this painting "Meme Aire" - painting only from the contents of your memory. I kept this up, not as an occasional one-off - but the ONLY way I painted (no exceptions) for the better part of a year.
Sometimes the strictest limits can lead to the best work. I have not given myself such a task as yours, but in order to learn about color--or maybe just to control my desire to paint all the colors--I have often limited myself to 2-3 colors plus whites and a black. These often end up being better works.

I never used reference photos until maybe five years ago. I painted landscapes, but imaginary ones. I ended up using reference photos because I went on a lot of country drives in upstate NY and started bringing along the camera I got to take photos of my paintings.
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