Image in Use: insweb.com - A License Violation?
Blog reader and fellow iStock contributor Dan Bachman was kind enough to send over a screenshot of an image of mine he found in use this morning. The shot of Kylee is in the footer of a few pages at the insurance website insweb.
While I quite like the implementation of my image in the website, it does bring to mind that this use likely would be considered a violation of the iStockphoto License Agreement. The problem is not using the image on the website, but the quote placed next to Kylee's smiling face. By placing the wording there it implies that the model is actually J. Tindal of Jeffersonville PA and that she really likes the company's product and website.
Here is the section of the license agreement dealing with this:
Standard License Prohibitions
7. use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (b) except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model...
1 Comments:
The FTC plans a big crack down on misleading online endorsements starting in December (FTC Web Site).
This type of questionable endorsement not only violates the stock photo ToS, it might also snag a $10k fine from the FTC.
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