1. Obtain Written Confirmation from the Client
Ask the client to provide a written statement confirming they possess the appropriate license for the graphics and authorize their use in your publication on a lifetime basis.
- 1. License Terms for Freepik Premium, Adobe Stock, Getty Images, and 123rf.com
- 2. Challenges with "Lifetime" Publication
- 3. Who Is Responsible for License Compliance?
- 4. How to Secure Compliance
- 5. Consequences of Noncompliance
1. License Terms for Freepik Premium, Adobe Stock, Getty Images, and 123rf.com
Each of these platforms has specific licensing terms that you must consider:
- Freepik Premium: Allows commercial use but does not automatically transfer rights to third parties like publishers. Some graphics may require attribution.
- Adobe Stock: Licenses permit commercial use but may not allow third-party publishing unless explicitly stated in an extended license.
- Getty Images: Getty licenses often require additional rights for third-party usage and are highly detailed. Unauthorized third-party use is a copyright violation.
- 123rf.com: Similar to other platforms, 123rf.com licenses are usually restricted to the purchaser, and third-party publishing requires explicit permissions.
2. Challenges with "Lifetime" Publication
Many licenses are valid only for the duration of an active subscription or specified usage period. If a client cancels their subscription or fails to extend their license, publishing the graphics on a "lifetime" basis could violate licensing terms, exposing you to legal risks.
3. Who Is Responsible for License Compliance?
While the client is primarily responsible for ensuring their materials comply with license terms, the publisher can also be held liable for unauthorized use. Therefore, verifying compliance before publishing client-provided graphics is essential.
4. How to Secure Compliance
2. Verify License Conditions
Carefully review the licensing terms of the graphics to ensure they meet the requirements for third-party use and long-term publication.
3. Add a Contract Clause
Include a clause in your agreement with the client that shifts responsibility for licensing compliance to them. For example:
"The client guarantees that all materials provided, including graphics, comply with applicable licensing terms and may be published by [Your Company] without time limitations. The client accepts full responsibility for any third-party claims arising from licensing violations."
4. Purchase Your Own License
If in doubt about the client's license, consider purchasing your own license for the graphics to ensure full legal compliance and control.
5. Consequences of Noncompliance
Failing to comply with licensing terms can lead to serious repercussions, including:
- Financial penalties: Rights holders may demand compensation far exceeding the original license cost.
- Cease and desist orders: You may be required to remove the graphics and associated content immediately.
- Platform takedowns: Hosting platforms may suspend or remove your content following copyright violation reports.
- Legal actions: Prolonged legal disputes and additional fines can result from repeated or significant infringements.
- Reputational damage: Noncompliance may harm your brand's credibility and client relationships.