PicApp Isn’t Free For Bloggers To Use

 

I spotted this article on Techmeme from Om Malik suggesting that PicApp could provide free stock photos from the likes of Getty. Possibly useful for some niche blogs if you want to avoid legal problems.

Unlike most people I read terms and conditions which seems to be almost an exact copy of their policy. They may be identical in content

Here is an example

Using PicApp

5. By this Agreement, PicApp grants any User or Registered User (as defined below) a non-exclusive, non-transferable right to perform any of the following permitted uses with the Visual Content (“Permitted Uses”): use, publish online, publicly display and reproduce Visual Content from the Website. In addition, you may post comments on Visual content and/or edit Visual Content, in accordance with PicApp website policies and other policies, by using tools provided on the Website.
6. The term “Non-transferable” as used in Paragraph 5 means that your performance of Permitted Uses must be solely for your benefit. You may not sell, rent, loan, lease, give, sublicense, trade, exchange, make available for exchange or download, or otherwise transfer to anyone either the Visual Content, or grant any other person or entity the right to perform any Permitted Uses other than Viral Use (as defined below). You agree to take all commercially reasonable steps to prevent third parties from performing any Permitted Uses, other than by Viral Usage. Note that any use of the Visual Content without agreeing to this Agreement, or breach of the terms of this Agreement shall constitute infringement of copyright.
7. It is hereby clarified that Permitted Uses must not allow third party end-users, target audiences or recipients of such Visual Content to download or copy any Visual Content, other than to copy and use such Visual Content for web use, by electing to do so from a viral menu attached to such Visual Content (“Viral Use”). Any user performing Viral Use shall be bound by the terms and conditions of this Agreement and be deemed to have agreed to all such terms and conditions, as applicable.

I am not a lawyer, I haven’t read the terms of conditions 20 times to make sure, but this suggests to me that it is impossible to use these images and still syndicate your content within those terms and conditions.

I know the intended purpose, you even register your blog in the signup process, but the ToC seems a little unworkable.

Speed

The make or break of a service like this might be how fast they get pictures online and available to use.

As a test I checked Google Trends for the hottest search term – Adam Morrison

Here is what appears to be one of the top stories – it is all to do with what he looks like, so a photo you can use would be perfect.

It seems like most of them are from May last year… shame

But now we hit the real problem… javascript

<script type="text/javascript" src="http://pis.picapp.com/IamProd/javascript/image.js"></script><script type="text/javascript">picApp_publisherId = 1036;picApp_imageId = 6394;picApp_imageWidth = 357;picApp_imageHeight = 235;picApp_configUrl = "http://pis.picapp.com/IamProd/FlashSite/GetConfig.aspx";picApp_Picview="http://pis.picapp.com/IamProd/FlashSite/en/picviewerv1_1.swf";picapp_numberOfLine=2;ImageServe();</script>

This isn’t embeddable code as it was described, javascript content doesn’t make it into RSS feeds

This avoids a lot of the legal problems, but makes it useless for “blogging” – if you are reading this on my blog you might also notice how slowly it loads.

PicApp – Great idea – very poorly executed

Kristen didn’t notice the problem with Javascript either

 

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Comments

  1. says

    Thanks for that one Andy – I saw a post on Mashable earlier but hand’t really checked it out. It certainly sounded like a good idea; seems there are a few liscencing and delivery issues. Too Bad – tnx for digging in.

  2. says

    Yes- I had high hopes for this as well and after reading your article… *sigh*

    Feeling like a thief half the time or going through the hassle of asking for permission to use a photo when time is a factor just makes me not bother.
    We can embed video in seconds but can’t get a decent photo to accompany an article. I suspect the trouble is figuring out how to make money off a still image :-)

  3. says

    You’ll notice on a lot of high traffic blogs that they imbed pictures with their lon gposts, and Source the owne rof the image.

    It’s a good way to get exposure for graphics person and to NOT worry about copywright laws and looking for free stock phots and TOS.

    good post, but the best owrkaround is thru networking, find someone willing to allow you ot post thie r picture son your blog, or find relvant pictures and get the “ok” to use them, and start posting without worry.

    Just my $.02

    Thanks,

    Dan

    http://danielmcgonagle.name

  4. says

    Oops, sorry about previous comment, it seems that my prior comment never got saved, and I was just testing something out here.

    Anyways, the best way to blog with pictures and images on site is to get specific permissions from certain graphics guys and gals to reprint the pictures/images.

    You can also get “reprint rights” from those looking for free exposure for their graphics, sort of like those programmers that make WP themes and make them available for free but leave their link at bottom of theme for traffic purposes.

    Sure beats having to worry about lawsuits and TOS infirngements.

    Thanks,

    Dan

    My NO IMAGES BLOG :)

    http://danielmcgonagle.name

  5. says

    Oops, sorry about previous comment, it seems that my prior comment never got saved, and I was just testing something out here.

    Anyways, the best way to blog with pictures and images on site is to get specific permissions from certain graphics guys and gals to reprint the pictures/images.

    You can also get “reprint rights” from those looking for free exposure for their graphics, sort of like those programmers that make WP themes and make them available for free but leave their link at bottom of theme for traffic purposes.

    Sure beats having to worry about lawsuits and TOS infirngements.

    Thanks,

    Dan

    My NO IMAGES BLOG :)

  6. says

    It doesn’t look like there is any prohibition on syndication in the TOS. You CANNOT transfer the right to use the image to third parties is basically what it says. The TOS give you the right to “publish online,” which is a very broad term encompassing static websites and RSS feeds. So, if you use the images in a blog and have an RSS for that blog, you are not violating the TOS as you are publishing online.

  7. Carl says

    The picapp service had all my images available for blogging for nothing… no problem apart from the fact that my images were not licenced for that use.
    Getty (who the images were held with) allowed the blanket use of all images in their library to picapp, even though they were only supposed to allow access to images they “wholly owned”.
    In the meantime, Getty and PicApp were generating revenue from the use of my images through this service, but this revenue does not get passed on to the photographers. What a scam!
    I’ll just keep on investing my time and money into new cameras and equipment and giving my work away for free… while Getty rakes in the revenue. Obviously Getty and picapp need the money more than I do!

    Seems interesting to note that picapp is owned by PicScout which looks for copyright infringement on the Internet.

    It’s also good to see that the picapp logo is “because a pictures worth…” – “…nothing” in my case!

  8. says

    I Photodropper for my images, and I’m pleased with their plugins for all the major blogging platforms. Photodropper automatically searches Flickr for Creative Commons licensed images. It inserts the pic into your post, and provides the appropriate attribution. It’s pretty seamless, and I don’t have any complaints.

    I just signed up for a Picapp account to try it, but now I’m not sure if I want to use until Picapp gets some issues resolved.

  9. says

    Hi all,
    It’s been motivating to read all your comments here. PicApp is paying close attention to all feedbacks, making sure we implement them and improve our platform.
    Our main goal is to provide high-quality images to publishers in a legal, and simple manner. Something we know is missing today. So, keep letting us know what you think and we’ll keep listening!

    And hey, we are still in beta, so hang on :-)

    The PicApp Team

    • says

      Being in beta doesn’t really solve the major problem hat the technology is currently flawed.
      You do now include an alternative image in feeds, but it is so small as to be unusable.

  10. Maira says

    PicApp seemed like a great option until I found out they use Javascript. My blog site (multiply.com) does not allow it so I can't use picapp. Anyone care to create a competing site that does NOT use javascript?

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