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Using Apple's press images – allowed or not?

Silly John Fatty

Silly John Fatty

macrumors 68000
Original poster
Nov 6, 2012
1,812
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Hello guys,


I am making a site where I would like to use Apple's images of its Mac models, but I am unsure if I am allowed to do so or not. I would use them in this form, as thumbnails:

http://browser.primatelabs.com/mac-benchmarks

These thumbnails look like Apple's press photos, but actually, they're made by the designer of that site (I asked and that's what they told me). And my site is not like MacRumors, promoting Macs. Well, it is someone. Basically, it's a similar site to Geekbench, but it measures not the speed of the computer, but something else. And compares Mac models for certain things. So I'd like to use their official photos as thumbnails.

Do you know where I can find a text saying it's allowed or not? Or get more information?


Thanks a lot. :)

Cheers
 
Yeah. But I wonder how other sites get the permission, every time a site posts a picture of a Mac, and takes one of the press photos (if that's what they're called), they should ask for permission. But we know that 98% don't ask for permission. Judging by some of the sites alone it's so obvious haha. I've seen press images that they release, but they're not the same like the images you see when choosing/buying a product in the store. And that's those I want, because you have the front view. Which you don't have in the press photos.
 
Jardins de Vin said:
Yeah. But I wonder how other sites get the permission, every time a site posts a picture of a Mac, and takes one of the press photos (if that's what they're called), they should ask for permission. But we know that 98% don't ask for permission. Judging by some of the sites alone it's so obvious haha. I've seen press images that they release, but they're not the same like the images you see when choosing/buying a product in the store. And that's those I want, because you have the front view. Which you don't have in the press photos.
Click to expand...
Editorial use falls under a different area of copyright than an application (commercial use) would. There's also no guarantee that the sites you're seeing are actually compliant with copyright law.
 
Actually the site isn't for commercial use, it compared different Macs, similar to how Geekbench does. You could even say it promotes more expensive Macs, so that's something good for Apple I guess haha :D

And yes, that's what I was hinting, most sites use these images without permission, even when we post images on these forum, most of the time, we don't even own them. The question is just, will they sue someone for something like that.
 
Jardins de Vin said:
Actually the site isn't for commercial use, it compared different Macs, similar to how Geekbench does. You could even say it promotes more expensive Macs
Click to expand...
That is commercial use, whether or not you're charging money for it. Apple certainly doesn't want someone else doing promotion for them; obviously they have very strict guidelines and procedures.
Apple would definitely have the option to sue you as they own the copyright to everything on their site.
 
Jardins de Vin said:
Actually the site isn't for commercial use, it compared different Macs, similar to how Geekbench does. You could even say it promotes more expensive Macs, so that's something good for Apple I guess haha :D

And yes, that's what I was hinting, most sites use these images without permission, even when we post images on these forum, most of the time, we don't even own them. The question is just, will they sue someone for something like that.
Click to expand...

It's likely still commercial use, but what's important is that it is editorial - it's a news story or commentary, and the images are being used to illustrate it.

Apple provides a selection of images for such use, with a usage agreement:

http://www.apple.com/pr/products/

Image Use Agreement
Important Image Use Information
By copying or making any use of the image below, you acknowledge that you have read and understand, and agree to, the Image Usage Agreement below that governs your use of the Image. If you do not agree to the Agreement’s terms, do not copy or use the Image in any way, unless you have written permission signed by Apple.

Usage Agreement
Subject to the terms of this Agreement, you may use the Image solely in whole for editorial use by press and/or industry analysts. This right to use is personal to you and is not transferable by you to another party. The Image cannot be used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Image, in whole or in part, for any reason.

As between you and Apple, Apple is and shall remain the sole and exclusive owner of the Image. You will not delete, alter, or obfuscate any proprietary legends relating to the Image, and each use will be accompanied by the applicable proprietary attribution shown next to the Image.
 
Just use the images and if Apple ever say STOP! you can just swap them out with renders.
 
The described usage is not "news" or "editorial news," so it's a violation of the usage agreement.

Apropos the previous post (the poster's name says it all!)... You can play, "Catch me if you can" with Apple, but if you want your own copyrights to be respected, it's a good plan to show respect for the copyrights of others. "Ethics" isn't about getting away with things, it's about voluntarily doing the right thing. And there's something to be said for doing things right the first time. If a site is up and running, why risk getting a cease-and-desist order from a famously litigious company? Even if alls-well-that-ends-well, everything comes to a halt until you replace all the offending images with new ones. Who needs the aggravation?

I have to deal with a similar situation in my own business. We produce publications and a web site that focus on a specific business. Even when we are reporting news items, we skip the press photos provided by the company we cover. We'd rather do things our way, not the way the PR department wants to present things.

What it comes down to is that the photograph is copyrighted. The Usage Agreement covers the photo, not the subject matter contained within the photo. If John Smith took a photo of an iMac, John Smith holds the copyright to the photo, and you'd need his permission to use his photo of the iMac, too.
 
Most site simply photoshop/edit the Apple logos off their iMacs, Macbooks and such.

It's why you see all those "Creative" infomercials with obvious Apple products but none have the Apple logo on them.
 
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if your site is actually doing reviews and analysis of a specific product, then you should be able to use Apple's press images of the product as part of those articles, but only as part of those reviews/analysis.....Apple releases them for that sort of use (review the text in post #9 above).

What you can't do is use them for general site graphics
 
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