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iStock:
Warranty of Non-Infringement. Except with respect to content identified as “editorial use only,” your use of the content in accordance with this agreement and in the form delivered by iStock will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained.
“Editorial Use Only” Warranty Disclaimer. For content identified as “editorial use only,” iStock warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.
So they are not saying it is “safe to use for commercial work” – rather they are saying what it doesn’t do – ie it doesn’t infringe on copyright, right of privacy etc. and that appropriate releases have been obtained. In our case, I think we are on the right lines if we state that we will notify the buyer if model and or property releases have been obtained and we will also make commercially reasonable efforts to identify images that can only be used for editorial work. I think the “no warranty clause” should be in the terms of the license somewhere.
Steve
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