Stock Photos for Derivative Works

For anyone who has used free photos in the past from sxc.hu (stock.xchng) to do photomanipulations using Adobe Photoshop Elements (or other similar softwares) and which photos were listed as being offered "without restrictions," please note that all photos are now labeled "Standard Restrictions Apply." A Policies Forum question by someone who has been using the previously tagged restriction-free photos for such photomanipulations prompted the following response by an attorney at that site:
"What you are creating is known under copyright law as a "derivative work". For reasons that totally escape me, the license provided to users of photos from this site [sxc.hu] do not authorize the creation of derivative works. Thus, from a legal standpoint you would need to contact the uploader and secure his/her permission."
Marilyn

Hi, Ward -- Michael Slonecker, who provided the comment I quoted, appears to be the closest the SXC Forum - Policy section - comes to having an official legal spokesman.
It's interesting that the reply you received to your email instructed you to look under the image to determine whether the image is restricted or not, since ALL the images since 2/1/07 include "Standard Restrictions Apply." None of them now state that the photo is restriction free. The only place you might see a related comment is on the photographer's personal information page. If you click on the link under the photo, you are taken to the long list of do's and don'ts. It is that list that the attorney was commenting upon. I believe his interpretation was that if the list did NOT state that you could use the photos for derivative works (which it does not), then you must request permission to use the photo for that unlisted purpose.
I don't have a problem notifying the photographers that I used their photos; but if I had to wait until I received permission, the weekly Challenge would be over.
I guess with their site now, you just roll the dice and take your chances.
Thanks for adding your comments!
Marilyn

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"braulio!" <[email protected]> wrote in message
news:e17bf5$g5o$[email protected]..
> Greeetings everyone,
>
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Stock Photos for Derivative Works

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