SMD105 Terms of Use

  1. Find three stock image resources, review their terms of use, and tell me how to apply these terms in the following scenarios:
  • Use of images in commercial setting
  • Use of images in concepts Use of images for personal use


There is an article publish by Centennial College that cover the images and usage and summarize it very nicely. Updated on Sep 8, 2015 so it’s both up to date and relevant to Canadian Law.


The following come from the website mention above:

  • Creative Commons2
    • “Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free legal tools.” (Publisher website)2
  • Creative Commons Canada2
  • Wikimedia Commons2
  • Flickr Commons2
    • Photographic images from public archives such as the Smithsonian Institution, National Archives UK, US National Archives, Cornell U Library, Center for Jewish History NYC, Jewish Women’s Association, Brooklyn Museum, Library of Congress, etc.
    • “To review the explicit rights statement for any image, click on the relevant link under ‘Participating Institutions’ or on the ‘No known copyright restrictions’ link associated with the image in the Commons. ” (Publisher website) 2
  • Yale Digital Content2
    • “Provides images and other content to Yale collections in art, natural history, books, and maps, as well as photos, audio, and video… Some images are public domain, others are copyright protected. Any content that needs log-in/authentication is not considered openly available…Users are responsible for determining copyright status of materials they wish to use.” (Publisher website) 2
  • OnOntario.ca2
  • Google Advanced Image Search2
  • Getty Images2
    • Images used must be licensed and paid for (Each image costs approx. $25 – $600+ depending on image size/resolution). “Our extensive image and stock illustration offering spans everything from conceptual rights-managed and royalty-free creative images to up-to-the-minute editorial coverage – including news, sport and celebrity photos – and timeless vintage photography.” (Publisher website) 2


Just to name a few

All information above come from website:




  1. Find information about image use in Canada and tell me what you would recommend for a client that wants to:
  • Use a rights managed image on their website or social media
  • Repost or use something found on social media (i.e. Instagram)


New Copyright Act came into force on November 7, 2012, according to

In which by default the “first owners” are the folks who produce the photography or the art work. In another word by default the ownership is automatically granted to the photographer. There can be licencing arrangement and agreement in terms of use and so on.1


Of course institution retain the right to us those imaginary for educational purpose. However, in Quebec that right does not exist and educational institute still require to negotiate or pay for use.


Photographer/Artist who want to protect their work from even the institution use can apply a protective digital lock (TPM* system) on their work1


*TPM: “Technical Protection Measures”
 Protection measures restricting access to work published on a website or digital media. For instance, the website or support owner may require that the user log in using an access code or a username and password combination, or click on an “I agree” button following the terms and conditions clearly describing the content use restrictions. These types of protection measures are frequent for software sold on DVD or online.1 (


In Canada it’s illegal to use other people works even in the context of social media.



  1. Tell me three “don’t dos” when developing a marketing program on:


Do read and understand the “Terms of Use”

Do read and understand the Privacy setting

Do think before you post


Don’t post anything you will regret later

Don’t ignore content and copyright

Don’t ignore FB Data Policy



Do have a secure password

Do have a gatekeeper on what you posted

Do respect others right to privacy


Don’t ignore your rights

Don’t ignore content right and use of service

Don’t ignore copyright laws



Do apply common sense

Do own or have licence to use the materials you posted.

Do take responsibility for anything you posted


Don’t download material that does not belong to you or have the owner’s consent

Don’t post stuff that are not in good taste.

Don’t post stuff that are inappropriate, such as nudity or sexually suggestive photos.



1 “Copyright Law.” Copyright Law. The Canadian Association of Professional Image Creators. Web. 2 Oct. 2015. <The Canadian Association of professional image creators>.

2“WEBSITE SOURCES FOR IMAGES.” Copyright & Educational Use of Images (photos, Charts, Etc.). Centennial College, 8 Sept. 2015. Web. 2 Oct. 2015. <>.


“Data Policy.” Data Policy. Facebook. Web. 2 Oct. 2015. <>.


“Statement of Rights and Responsibilities.” Statement of Rights and Responsibilities. Facebook. Web. 2 Oct. 2015. <>.


“Terms of Use.” Terms of Use. Instagram, 19 Jan. 2013. Web. 2 Oct. 2015. <>.


“Twitter Terms of Service.” Twitter Terms of Service. Twitter. Web. 2 Oct. 2015. <>.



Leave a Reply

Your email address will not be published. Required fields are marked *