Commercial Imagery Use FAQ
Lens customers have the ability to view and access commercial imagery. Commercial imagery providers - such as Airbus, Maxar, Planet, and Nearmap - include certain restrictions governing the distribution of their respective products. This is true whether you’re working through Upstream Tech or whether you contract with them directly. Commercial imagery providers - referred to as Third Party Content Providers in our contract - control access to and distribution of their imagery and data, in order to make sure that users are paying for its use.
We realize this can be complicated, and we’ve structured the Lens contract to make sure everyone - Upstream Tech and our customers - is in compliance with those restrictions. Below we walk through some of the frequently asked questions about how imagery can be used. If you have additional questions, let us know.
Disclaimer: This document is intended for explanatory purposes and is not legally binding. The terms and conditions under which you are authorized to use Lens are the terms and conditions set forth in our Master Services Agreement. This FAQ is not intended to constitute legal advice, nor is it intended to supersede, modify or replace the terms of our Master Services Agreement. If you have questions regarding the Master Services Agreement and/or this FAQ, we encourage you to reach out to us, or seek the advice of legal counsel.
Where can I find the licenses for each vendor?
You can always find the links to the latest vendor licenses on our website in the Lens End User License Agreement (EULA).
How can I use imagery?
Broadly, you can use the imagery for your organization’s internal use. You can view the imagery in Lens, annotate it with notes, and generate reports. Per the EULA, commercial imagery has to retain attribution to Upstream Tech and the commercial imagery vendor (e.g., “Includes material (c) 2021 Upstream Tech and Airbus”). Within the report generation function, we handle all the proper attribution and restrictions around resolution, so you don’t have to worry about it. You cannot use the reports for commercial use (i.e., you can’t resell the reports).
If you're utilizing Planet NICFI imagery in the tropics, external non-commercial uses are allowed and more information can be found in this NICFI User Guide.
Can I take and distribute screenshots?
You can use screenshots of the imagery with appropriate attribution for internal use (such as training, meeting monitoring requirements, or coordinating with project partners). The PDF reports are a good way to get the imagery out of Lens in a format that’s usable and distributable to project partners. You can generate a report with just the imagery that you’re interested in. As noted above, reports generated through Lens will be in line with attribution requirements.
Who can I distribute reports to?
You can distribute reports to accrediting bodies such as the Land Trust Alliance, land owners, legal counsel, contractors, and government or non-profit entities that are land conservation project collaborators. The reports still need to be used for “internal purposes” (per the restrictions on commercial imagery distribution), which is why we’ve specified this group of collaborators.
I want to use the imagery on other platforms or have the raw imagery. Can I?
We are always building new Lens features that add new integrations with other tools. We currently support order exports on request, which generate images that automatically adhere to the vendor usage licenses. As always, proper attribution to the vendor source and in alignment with the respective vendor licenses. Please contact us if you have any questions.
Can I include imagery in public presentations and reports? Can I use it on my website?
You can use a screenshot of the imagery in public presentations with proper attribution. If you want to publish an image publicly (such as in a report) or use it for marketing purposes, this may require media and public display licensing (versus internal use) depending on the data provider.
If you intend to use imagery for non-internal use, requirements differ vendor-to-vendor. Send us a note, and we can help you navigate. Your note should include:
- How you're planning to use the imagery
- Intended audience, audience size, and how you plan to distribute these materials
- Details on the image(s) you'd like to use: property name, imagery source, and date
Again, if you're utilizing Planet NICFI imagery in the tropics, external non-commercial uses are allowed and more information can be found in this NICFI User Guide.
Again, please always refer to the relevant licenses that are linked in the Lens EULA.