Is it okay to use Shutterstock images in a mod?

[DNK]

That's basically it. I want to do a nature mod, and Shutterstock has a ton of great pictures I can use. I read through their terms, and it's not really clear to me, not being a lawyer. This is obviously non-commercial use. I would be editing the images, of course.

Here's an example of what I'm after:



I know someone else is doing something similar, but I prefer it to my taste. I know it doesn't look great with the rock chunks drawing over the trees, but whatever, I still think it's better than vanilla.

[RawCode]

fair use

[DNK]

Fair use is not applicable to widespread dissemination of entertainment goods.

I can use the images personally for my own mod, but distributing it would not fall within fair use.

So the question remains, does anyone know if Shutterstock specifically allows for their images to be used for non-commercial distribution?

As far as I can tell, they don't, which sucks, because it would cost hundreds to purchase a few dozen pictures.

[RawCode]

if you "know better", why are you asking at forum?

[Greep]

Fair use is not applicable to widespread dissemination of entertainment goods.

I can use the images personally for my own mod, but distributing it would not fall within fair use.

So the question remains, does anyone know if Shutterstock specifically allows for their images to be used for non-commercial distribution?

As far as I can tell, they don't, which sucks, because it would cost hundreds to purchase a few dozen pictures.

Judging from their licencse page:

https://www.shutterstock.com/license

and the legal page where they say you can't use anything without a licence:

2.2 All content on this Site, including but not limited to Images, Footage, Music, and related metadata (collectively the "Shutterstock Content"), as well as the selection and arrangement of the Shutterstock Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Shutterstock Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Shutterstock, Shutterstock does not grant any express or implied permission to use the Site or any Shutterstock Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Shutterstock Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Shutterstock Content.

2.3 Unless you enter into a license agreement with Shutterstock you may not download, distribute, display and/or copy any Shutterstock Content.

you need a standard licence for non-commercial use.

Of course, what are they going to do, sue you?  Your choice, but now you know   Technically, you already violated it! oooo scary.  The internet police will get you!

[DNK]

@Greep:
Thanks. Yeah, it looks like a (very expensive) license is required. Oh well. I might be able to find someone on the free photo sites... but they're really spotty on what I'm looking for.

I'm not sure I have already violated it, since I am using the content solely for personal use, and that's usually exempted by fair use. I wasn't sure non-profit mods were exempted, but after the guy above noted fair use, I researched it and came to the conclusion it wasn't since nobody had a definitive answer here.

Anyway, they can always ask for the mod to be taken down, and I don't want to put all that work into something that'd be taken down, or have to contemplate paying out a ton of money to keep it up. I'll just put this on the backburner and pray Tynan has a change of heart on his stylistic choices and that the current vegetation images are just rough placeholders, though I'm fairly sure they're the intended end product.

if you "know better", why are you asking at forum?

Cool down tough guy, I just looked it up yesterday after waiting a while for anyone with experience to chime in.

[RemingtonRyder]

It would be far cheaper to go out and shoot your own images or create your own art.

[RawCode]

you can add noise and distortion to existing images to prevent automatic detection and wipe most types of watermarks.

if you want to "steal" content, just do it, nobody going to prosecute you anyway.