Can i use a Barack Obama picture ?


#1

Hi, this is a tough one…

I want to use this picture for a video template in the preview only :

I think you can all reconize the guy and you are going to say me i can’t use it … but … the photo is "Creative Commons Attribution 3.0 License"
Link of White House copyright policy here : White House Copyright Policy

So… what do you think of it ?


#2

You have to ask Barack’s permission first


#3

That’s a great idea ! hmmmmm… no one ?


#4

Of course you…


#5

@Cream_Motion Yes, you can use that particular image.

CC Attribution 3.0 allows you to share and adapt the image, even commercially, but you must always give attribution. See http://creativecommons.org/licenses/by/3.0/us/ for full details.

Always check the license or Creative Commons terms (which you did). :thumbsup:


#6

I know authors can use CC Atribution 3.0 images with attribution … but it seems “too beautiful to be true” using Obama’s face…

Ok so let’s say I can use it.
Thanks


#7

I asked the same long ago http://videohive.net/forums/thread/photos-of-famous-people-in-items-cc-by-30/118322
See the answer there.
@placdarms said: "Doesn’t matter if your image/footage is licensed for commercial use – there is content that is not acceptable."
So who is right, Placdarms or you?
Unfortunately this link is dead http://support.envato.com/index.php?/Knowledgebase/Article/View/122#C4

Edit:


"Can I use photos of famous people in my items?

You cannot use photos of famous people in items or previews. Market items and their previews are as thought of as commercial activity. Consequently, no photos of famous people, sportspeople, musicians, DJs or anyone else who earns their living from having a public presence (even if these people are no longer alive) can be included. Photos like these can be used in ‘editorial’ situations like a news website or blog, but not on the Envato Market."


#8

I can answer you today that you cannot use a celebrity… my item VoluMax has been disabled today because I use a picture of Obama (wich is CCA3) http://videohive.net/item/volumax-3d-photo-animator/13646883

  • Scottwills from Envato Community Team told me it was okay in September (see upper)
  • Placdarms told me yes in November
  • And today MarkBrodhuber says no and disabled my item

I think the rules changed in January because now it is clear that in the rules of Envato you cannot use celebreties.

I am updating my video preview right now because this is going to get me out of the top week items sales… ! I am a little bit upset about all this…


#9

hi i do not understand how could any one from GR tell you that could be possible when tehy have been having a “campaign” to prevent people from doing this for flyers … though they let some through , maybe the likes of jenifer aniston (a photo with a slight effect was enough to make her unrecognizable from teams lol) and a few others … on the other hand i had been soft rejected with a model for being supposedly a celeb when no one knows who she is … still the same shadowy guidelines …


#10

Finally back online :
[Removed Self Promotion]

And got kicked out the weekly Best Seller pages… :frowning:
Gonna fight to come back !! :slight_smile:


#11

u are lucky i was in teh insignificant page and i dropped to the lower one again lol


#12

I also think there is no problem in using this picture because the Political personalities get fame when we share there picture also there is no copyrights violation in it.


#13

really but did u ask for their consent as expected ? and are they ok with what u do out of their picture? this is as many issues that would have to be taken into account if someone wants to use them , at least for i know … plus i guess that this picture was not for sale , so basically no right was determined beforehand in my view …


#14

The obama picture I used is a Creative Commons Atribution 3


#15

Creative Commons applies to the picture. Not to the person portrayed in the picture. To use the picture of a person you need a license for the pic and a model release for the person. Without the permission of Obama, of course you cannot use his image for the promotion of your product. I don’t understand how @scottwills could tell you it’s ok to do so.


#16

Yes I totally agree with you, that makes sense… I still don’t understand why Scottwills and Placdarms authorized me in the first place to use it (maybe the rules changed ?)… it took me one hour to replace the picture.

Why didn’t they simply send me a mail that they would disable the item if I don’t remove the picture ?
I lost 4 days offline (time to review / weekend)
I lost Time / Money / and was kicked of the Popular Items page (wich is very important for a “Photo Animator” item like VoluMax)

By the way I don’t understand why I am not anymore in the “Top Sellers - 3 months” … I hope it will update soon.

All this was really painful…


#17

You can’t use it in promotion of your item without model release but you could probably use a photo of commonly known person made in connection with the performance of its public functions (political, social, professional) like Obama photo in article at political magazine website. It may vary depending on the country.


#18

but who delivered it? and is the subject aware of this picture being used and allowed ? because as for i know there should be an agreement and we are not talking about a normal model in addition … now as for me i do not care i am rather happy that u could use to be more accurate , i just feel strange that there is a mushrooming of logos of franchises , some pictures of politicians and so on which are being used now , that just looks strange, period