Editorial Use

Educate

Would anyone be able to clarify something to do with editorial use of photographs. I have read the iStockphoto guidlines and their FAQ, as well as a number of other guidlines about editorial use but I am still the smallest bit unsure if my usage falls into "commercial use" and therefore I am not permitted to use a photo licensed only as editorial.

What I want to do is put up a picture of an Applie iPod (or I might stretch it to an iPad) as an incentive to get people to complete a questionnaire. So basically everyone who fills in the questionnaire will be put into a draw to win the iPod.

The only images I can find of Apple products are all listed as "Editorial Use" and under this term I am not allowed to use them (quoted from iStock) "In any kind of advertising or promotional material."

So would my useage be regarded as advertising / promotional material? I am not advertising the iPod for sale it is purely to illustrate what they could win so I am not sure where I fall in terms of advertising/promoting.

Thanks for any help.

PCPhoto

why not contact them and ask

if you are trying to use an image which you did not take then ask the original photographer or agent who can give you permission to see if you are allowed and how much it will cost to use.

EDIT: Yes using the image to advertise the "draw" for those that had completed the questionaire is classified as advertising/promoting.

AnCatDubh

for ipod - try http://www.sxc.hu or http://commons.wikimedia.org/wiki/Ipod

not too much on the ipad but try here http://commons.wikimedia.org/wiki/Ipad

other than that either take a photo of someones ipad or ipod and use away to your hearts content.

PopeBuckfastXVI

It's probably only editorial because the apple/ipod logo is still on it, I'd say fire away and use it.

mdebets

AnCatDubh wrote: »

for ipod - try http://www.sxc.hu or http://commons.wikimedia.org/wiki/Ipod

not too much on the ipad but try here http://commons.wikimedia.org/wiki/Ipad

other than that either take a photo of someones ipad or ipod and use away to your hearts content.

If you use one of these, would you not still need a property release from Apple, for use in any commercial?
That's my understanding why you have the split of editorial / commercial use in Stock agencies. The one with property/model release can be used for everything, the ones without only for editorial use.

AnCatDubh

mdebets wrote: »

If you use one of these, would you not still need a property release from Apple, for use in any commercial?
That's my understanding why you have the split of editorial / commercial use in Stock agencies. The one with property/model release can be used for everything, the ones without only for editorial use.

Ah, ops, didn't read the OP properly. I was answering a query on availability rather than the implication of usage

Educate

Thanks for all the replies.

I sent the Apple copyright team an email about 6 weeks ago and have received no reply to date.

To quote their terms of use: http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html

Depictions of Apple Products
1. Endorsement or Sponsorship: Apple does not support the use of its logos, company names, product names, or images of Apple products by other parties in marketing, promotional or advertising materials as their use may create the perception that Apple endorses or sponsors the product, service or promotion.

So I'd take from that unless I have written permission I can't even use the term "Win an Applie iPod" on the poster since it's using the company name?

sineadw

I'd imagine you're right. You could use descriptive general terms though. They can't copyright them..