Shutterstock Licensed Media Terms and Conditions

1. Sellers of eligible Gigs have the option to access and use a catalog of images, footage clips and music, licensed to Seller by Shutterstock, Inc.(“Shutterstock” and “Shutterstock Content”), under the terms below. Nothing contained herein shall be deemed to transfer the copyright to any Shutterstock Content to Seller or Buyer.

2. Your rights to use Shutterstock Content are limited to services rendered in connection with a single Fiverr Gig. You may not reuse a Shutterstock Content in connection with multiple Fiverr Gigs, nor may you share the raw digital file of Shutterstock Content with the Buyer. Shutterstock grants you the right to use the Shutterstock Content, according to the terms below, and shall be responsible for all Shutterstock Content, including non-infringement of applicable laws and third-party rights, including copyright, trademark, rights of privacy or publicity. The use of Shutterstock Content in connection with a Gig must confirm to the following license types, and be in accordance with the rights and limitations set forth below:

3. IMAGE AND FOOTAGE CONTENT LICENSES

3.1 A STANDARD LICENSE grants you the right to use an image or footage clip available on Shutterstock Content:

• As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, emagazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.);

• Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

• As part of an “Out-of-Home” advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions;

• Incorporated into audio-visual productions for distribution on websites and in social media (but not for broadcast, OTT, or streaming distribution);

• For any other Fiverr Gig, not otherwise excluded by the restrictions below, or as may explicitly require an Enhanced License, per the terms following.

3.2 AN ENHANCED LICENSE grants you the right to use an image or footage clip available on Shutterstock Content:

• In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;

• Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s);

• In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by the Buyer, and not for sale;

• Incorporated as elements of digital templates for sale or distribution. 

4. MUSIC LICENSES

Shutterstock grants you a non-exclusive, non-transferable right to synchronize music in production, which Production may be distributed worldwide, in perpetuity, pursuant to the Standard Music License described below:

4.1 STANDARD MUSIC LICENSE: A Standard Music License grants you the non-exclusive right to synchronize Music in a Production (and in in-context trailers and promotional materials), distributed via web based-viewing platforms or used in non-web based “industrial” contexts, which include trade shows, conferences, corporate events, internal corporate Use, and point of sale.

4.2 ENHANCED MUSIC LICENSE: Use in a Production distributed as follows:

• via television, in a single country, provided that any distribution of an Entertainment Production via Television shall be further restricted to a Pilot only; or that which is commissioned by, and available solely via a Public Broadcaster;

• via radio, in a single country;

• at physical point of sale locations, trade shows, in-store displays, and industrial events, provided in all cases such use is restricted to a single country;

• by DVD, but not to exceed 1000 copies;

• on computer software applications (including mobile applications, or “apps”, and video games), but not to exceed 1000 copies or downloads (in aggregate).

For the purpose of this section:

“Production” means (i) one (1) audio-visual project in which music is synchronized in timed relation with moving or still images; or (ii) one (1) audio-only project in which music is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).

“Entertainment Production” means a Production that is not Advertising and intended for entertainment purposes. (“Advertising” means a Production of not more than three-minutes in duration, that conveys an openly-sponsored, non-personal message to promote or sell a product and/or service).

“Pilot” means a Production, not to exceed 44 minutes in duration, which constitutes an initial episode of a potential series.

“Television” means linear television programming distributed via broadcast, satellite, so-called ‘IPTV’, and/or cable television, but specifically excludes OTT video services (e.g. Netflix, Hulu, Amazon, Disney+, Apple+, and similar or analogous services).

“Public Broadcaster” means a broadcast television undertaking funded predominantly by government and/or viewer support, on a not-for-profit basis, including without limitation, PBS in the United States.

5. RESTRICTIONS ON USE OF VISUAL CONTENT

YOU MAY NOT:

5.1 Portray any person depicted in Shutterstock Content (a “Model“): a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.

5.2 Use any Shutterstock Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

5.3 Resell, redistribute, provide access to, share or transfer any Shutterstock Content except as specifically provided herein. 

5.4 Use Shutterstock Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

5.5 Use any Shutterstock Content (in whole or in part) as a trademark, service mark, logo, theme song or other indication of origin, or as part thereof.

5.6 Falsely represent, expressly or by way of reasonable implication, that any visual Shutterstock Content was created by you or a person other than the copyright holder(s) of that visual Shutterstock Content.

5.7 Alter or make modifications Shutterstock Content, which are not allowed under the license terms. 

RESTRICTIONS SPECIFIC TO FOOTAGE 

5.8 Use any licensed footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.

RESTRICTIONS SPECIFIC TO MUSIC 

5.9 Use, sell, sublicense, reproduce, distribute, display, incorporate into or otherwise make licensed music, in whole or in part, available as, or as part of, production library content, or downloadable files or include the licensed music or any derivative work incorporating the licensed music in any other stock product, library, or collection.

5.10 Remix, mashup, or otherwise alter the licensed music, except that you may engage in basic editing of the licensed music (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this agreement.

5.11 Use licensed music in an audio-only Production in which music is the primary content.