Are the images that come with keynote copyrighted?

Hi guys!


I'm writing a short eBook, and I want to use one of the stock photos that comes with Keynote as the cover (see below). I am worried about copyright issues, but it seems like a gray area, since the image comes with the program, and is apparently intended for people to use in their presentations. Can I use this image in my publication? I do intend to sell the book commercially, both in digital and print formats.


User uploaded file


I was able to find information on this issue regarding PowerPoint (that the images provided by Microsoft are allowed to be used in commercial publications) but after hours of googling I haven't been able to find any information about this in reference to Keynote. Please let me know if you have any information.


Thank you so much for your time and attention :-)


May you be well.


Namaste.

Posted on May 21, 2017 4:34 PM

Reply
17 replies

May 24, 2017 3:48 PM in response to kevinellerton

But I am not extracting the image to be used on a "standalone" basis.

Of course you are.


You are telling us you will use images that are not your copyright, have them transferred to another software application for display to viewers, then printed to paper and displayed to viewers, for the purpose for commercial gain.

That is a clear definition of standalone use.


What you are intending to do is perform a secondary use with these images, you therfore do not have permission from the copyright owners of these images to use them in the way you intend.


One of the main reasons designers choose to use images from stock libraries is to prevent copyright infringement.

May 21, 2017 5:57 PM in response to kevinellerton

I've just looked at the licensing agreement for Keynote and you might want to take a look at it:


http://images.apple.com/legal/sla/docs/Keynote.pdf


In particular, Section F:


F. Content and Digital Materials.

Title and intellectual property rights in and to any content displayed by

or accessed through the Apple Software belong to the respective content owner. Such content may be

protected by copyright or other intellectual property laws and treaties, and may be subject to terms of

use of the third party providing such content. Except as otherwise provided in this License, ℹ this

License does not grant you any rights to use such content nor does it guarantee that such content will

continue to be available to you, and (ii) you may not use, extract or distribute, commercially or otherwise,

on a standalone basis, any photographs, images, graphics, clipart, artwork or similar assets (“Digital

Materials”) contained within, or provided as a part of, the Apple Software or Services (including but not

limited to any Digital Materials contained within templates, themes or user guides and tutorials), or

otherwise use the Digital Materials outside the context of its intended use as part of the Apple Software.

However, I am not a lawyer nor do I work for Apple, so it would be best to make sure by contacting Apple as suggested.

May 21, 2017 6:00 PM in response to stevejobsfan0123

Thanks for your quick reply :-) I submitted a request for information at the link you sent me, but all I received in response was:


Thank you for taking the time to contact us.

If you do not receive a response from an Apple employee, we regret that we are unable to process your request. Due to the high volume of requests we receive, this may be the only other reply you will receive from us.

For further information, please review Apple's Intellectual Property page at www.apple.com/legal/intellectual-property.

We appreciate your interest and consideration in contacting Apple.

Best Regards,

Apple Legal
Copyright Team

Somehow I have a feeling they're not going to end up replying :-\

May 22, 2017 11:16 PM in response to kevinellerton

Sorry, if my post was too short to be quite clear. It was meant as an add-on to babowa's and stevejobsfan's excellent advice in reply to the last part of your question:


So... is creating an eBook "outside the context of its intended use as part of the Apple Software."? Seems like a reasonable use case...

I tried to interpret the term ""outside the context of its intended use". The "intended use" is specified in the the license, paragraph 2.A.i.

When you wrote "I'm writing a short eBook, and I want to use one of the stock photos that comes with Keynote as the cover" it was not not clear, that you are writing the complete book in Keynote. I read your question as using a Keynote photo while writing the book in iBook Author, Apple's software to create eBooks. Taking an image file out of Keynote would be "ripping". Using Keynote to create a book you want to sell is raising a completely different legal question:


Look again at the license, paragraph 2.A.i : I doubt, if creating a book to be sold is covered by "personal, non-commercial use"


2. Permitted License Uses and Restrictions.

A. License. Subject to the terms and conditions of this License, including but not limited to the requirements and limitations in Section 2B, unless you obtained the Apple Software as described in Section 2C, you have the right to use the Apple Software (whether you obtained it from the Mac App Store or preinstalled by Apple on Apple-branded hardware) as permitted by the Mac App Store Product Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/itunes/ww/) (“Usage Rules”), and are granted a limited, non-transferable, non-exclusive license:

( i ) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running macOS (“Mac Computer”) that you own or control; and


In the Keynote license is a paragraph glaringly missing that is granting the right to use the products created with Keynote freely on a commercial basis, like we are seeing in the GarageBand or Logic Pro license: Using royalty-free loops in GarageBand with commercial work - Apple Support


Writing your eBook in iBook Author would have the added benefit, that the Book Store team would check for any copyright issues when you submit the book to the iBook Store.

May 23, 2017 1:46 PM in response to kevinellerton

The rules are:


you don't have permission to use the images contained in the themes in Keynote.

Section F part ii of the KEYNOTE SOFTWARE LICENSE AGREEMENT specifically states that you are not authorised to use any images contained in the themes within Keynote:


"you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, clipart, artwork or similar assets (“Digital Materials”) contained within,"

I would suggest you purchase images from a stock image library just like any other designer that wants to publish a book.

There are many but to mention only three; istock photo, shutter stock, Gettyimages

Also perform a web search for : "stock image library"

I refer you to the legally binding agreement you agreed to when purchasing Keynote:

Apple Keynote Software licence agreement

May 21, 2017 7:53 PM in response to kevinellerton

That Section F text does seem quite relevant, but also a little bit vague


That is why I included the disclaimer at the end of my post - I'm quite good at interpretations of legal contracts (I used to get paid for that), but interpretations can and will vary tremendously and as soon you get two lawyers in the same room, you will get two to four different opinions (two lawyers and two clients) and five different interpretations depending on who is being represented by which lawyer and which point is being argued. And what exactly is "its intended use" except play around on your Mac and create pretty presentations to show to your friends..... legal language is always and purposely vague to leave enough wiggle room for arguments for and against...


Having said all that, I'd say it would probably be best (and/or safest) not to use any of the images since you want to create a book and presumably sell it?

May 22, 2017 3:02 PM in response to léonie

Thanks for trying leonie, but this is not helpful. It seems unnecessarily condescending (maybe something you should investigate within yourself -- usually this kind of condescension stems from deep rooted insecurities), and it shows that you answered without having taken the time to try to properly understand my question.


I don't want to "rip the photos from the templates and use them separately for different purposes." I used keynote to create a book. This seems to be a perfectly reasonable use case for the Keynote software. There are stock photos in Keynote that are intended to be used as "covers" and "backgrounds" for slides. I used one of those stock photos on the first slide, as the "cover" of the book. I exported the book as a PDF from the "File" menu. These all seem to be part of the "intended use" of Keynote. Since the images are included as part of the Keynote software, I am inclined to assume that many (if not most) Keynote users use these photos in their Keynote presentations. Many, I'm sure, convert their presentations to PDF format and send them to friends and colleagues, and maybe even distribute them freely online. Clearly, this type of use was intended by the designers of the Keynote software. My only real question is whether it's OK for me to sell my PDF eBook commercially (or even make it into a print book) while it contains these stock photos. I think that's a pretty reasonable question, and not one that deserves a dismissive condescending answer.


And unfortunately, not all of us are lucky enough to live in places surrounded by beautiful high mountains and aurora borealis. I truly wish I could simply "take my camera out and make a similar photo," but alas, it would cost me thousands of dollars to travel to a location in which I could replicate such an awe-inspiring and epic shot.


Thanks again for trying to answer my question!


Have a great day :-)


Namaste.

May 23, 2017 1:13 PM in response to léonie

Thank you, I appreciate your response. I'm sorry I was unclear about using Keynote rather than iBook Author.


I didn't even know there was such a thing as iBook Author, so thank you for bringing that to my attention.


In the mean time, I have this book that I already put together in Keynote. I'd like to be able to publish it but I don't know what the rules are. What would you suggest that I do? I have tried contacting Apple's legal team but they don't seem to be in a rush to respond...

May 24, 2017 2:37 PM in response to Gary Scotland

Yes. But I am not extracting the image to be used on a "standalone" basis.


1. Doesn't "standalone" mean I'd be taking the image OUT from Keynote and sharing or re-selling it on its own ("stand alone"), rather than using it in a Keynote presentation?


2. I created a book in Keynote, using one of Keynote's themes, which uses this stock photo as a cover image. I exported the book as a PDF. Many people create presentations, and I assume PDFs, in Keynote, that they distribute (commercially or otherwise). This seems like a reasonable, and dare I say expected, use case for the Keynote software. Is that incorrect?


I'm not trying to be a pain, I just really don't understand how this paragraph precludes my use case. It seems to me this paragraph is talking about a totally different thing -- taking the images out and selling/distributing them as individual stock photos.


Thank you so much for your help.


Have a great day!


Namaste.

May 24, 2017 2:40 PM in response to kevinellerton

You know, my initial responses were meant to be polite, but still point out the legalities. I am now joining the other posters in being direct: yes, they're copyrighted and you should not use them for commercial gain (however indirectly or directly). There are millions of images available online for (reasonable) purchase if you cannot take your own - so, peruse and buy one and stop trying to argue your way around the legalities.

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Are the images that come with keynote copyrighted?

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