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Posted to legal-discuss@apache.org by "Justin Mclean (Jira)" <ji...@apache.org> on 2019/10/04 05:30:00 UTC

[jira] [Comment Edited] (LEGAL-479) What category is the Pixabay license?

    [ https://issues.apache.org/jira/browse/LEGAL-479?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16944229#comment-16944229 ] 

Justin Mclean edited comment on LEGAL-479 at 10/4/19 5:29 AM:
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While 3 and 4  sounds like a restriction of use, the same care would need to be taken with images under any license. For images with people in them you generally need a release form from them (this varies from country to country), and even then they have other rights on how the image is used no matter how the image is licensed. See for example https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people  Some goes with images containing trademark or logos. This can be avoided altogether by not using pictures with identifiable people or trademarks in them. (Which BTW is the use case I have in mind, including a couple of issues in the recent talk on the Apache Way which you and I gave Craig :-) ) 

While 1 and 2 are restrictions they are not going apply or come up when images under this license are used in an Apache slide desk or release. 2 as there will be extra content /added value and 1 because it's not being distributed as a digital stock photo or as digital wallpaper.


was (Author: jmclean):
While 3 and 4  sounds like a restriction of use, the same care would need to be taken with images under any license. For images with people in them you generally need a release form from them (this varies from country to country), and even then they have other rights on how the image is used no matter how the image is licensed. See for example https://commons.wikimedia.org/wiki/Commons:Photographs_of_identifiable_people  Some goes with images containing trademark or logos. This can be avoided altogether by not using pictures with identifiable people or trademarks in them. (Which BTW is the use case I have in mind, including a couple of issues in the recent talk on the Apache Way which you and I gave Graig :-) ) 

While 1 and 2 are restrictions they are not going apply or come up when images under this license are used in an Apache slide desk or release. 2 as there will be extra content /added value and 1 because it's not being distributed as a digital stock photo or as digital wallpaper.

> What category is the Pixabay license?
> -------------------------------------
>
>                 Key: LEGAL-479
>                 URL: https://issues.apache.org/jira/browse/LEGAL-479
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Justin Mclean
>            Priority: Major
>
> Pixabay used to license its images under a CC0 license but have recently changed that.
> The pixabay license short version:
> https://pixabay.com/service/license/
> Longer version/terms:
> https://pixabay.com/service/terms/#license
> Can images under this license be in included and distributed in a source release. I note it does contain some restrictions beyond what he ALv2 gives, but they are unlikely to be encountered by a project. e.g Wanting to sell the images on their own outside a release.



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