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collis Envato team says

Hey guys!! Here are some answers, sorry about the wait :-)


Quick – maybe silly question – are we supposed to upload license now to our themes or prove it somehow? I’ve got photography themes, where I use photos taken by my sister. I have of course her approval for usage of this photos in my live previews, but it was rather “Hey, sis, can I use your photos? – Sure!” than same legal agreement signed by us. Should I do that now?

Hey purethemes, no you should not upload license/permission details. You should however keep consistent records yourself, in case an issue should ever arise. This means keeping records of written permission and license details.


Like purethemes said, i asked for permissions to several people on blogs or deviant art asking if an image could be included in my previews, most of the times. Of course i don’t have now a legal agreement. How should i do in these situations? Also, if someone is not able to fix an item by the deadline of 12 march, is it possible to ask to hide the item from the marketplace until it will be ok?

Yep so you should keep documentation and records of any written permission granted by the copyright holder of images and assets you’ve used.

If you have an item that you know has problems and can’t get it fixed up, please let support know and they can disable the item until it’s corrected.



Nice photo!
I hope it was properly licensed! :D

lol, it sure was!! It’s on PhotoDune too if anyone wants to buy a copy themselves!


Is this one cab be used? http://www.flickr.com/photos/mistybushell/2228156682/ Thanks!

Hey GoodLayers, it looks like the image is licensed under the Creative Commons commercial attribution license, so it should be usable in a preview provided you attribute and linkback appropriately in your item description.


What if we use stock image? Do we need to provide model release?

Most stock photo licenses should be fine to use for a preview image (though you should check the license). However you do not need to provide a copy of the license or model release when you upload the item.

You should however keep records of licenses for images and items you have used – in case there is ever a complaint or problem.

Also of course if you are uploading a photo to PhotoDune, then you may need a model release (that’s a different question though :-) )

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doru says


Is this one cab be used? http://www.flickr.com/photos/mistybushell/2228156682/ Thanks!
Hey GoodLayers, it looks like the image is licensed under the Creative Commons commercial attribution license, so it should be usable in a preview provided you attribute and linkback appropriately in your item description.

I think that CAN ’T be used :)

yes, the author put the photo made by him under that commercial creative license and it would had been ok if the subject would had been a flower or some bear or a mountain.

but the main subject is a person (it may be considered as famous http://www.anaivanovic.com/ ) who did not give permission for the use of her image. Also the photo was made inside a (probably) private area and there are big chances you need permission to use photos depicting that environment. Also the photos depicts logos of corporations/firms.

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SaurabhSharma says

@Collis. Thanks for the detailed answers.

GoodLayers said Is this one cab be used? http://www.flickr.com/photos/mistybushell/2228156682/ Thanks!

As Doru said, besides the CC Attribution License, it is important to consider the content of Photograph. The owner may NOT have any objection and he/she may upload it with Creative Commons License on Flickr. But the person IN Photograph may have objection.

As on http://commons.wikimedia.org/wiki/Commons:Questionable_Flickr_images

The best candidates to be genuinely a Flickr user’s photos to upload are personal photos, pictures of landscapes, buildings, monuments, and other tourist type photos, and pictures of celebrities at public appearances, such as conventions, ceremonies, and book signings.

So just to be on safer side, it is better to avoid pictures with famous faces. :)

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themoholics says

Hi guys,

I’m sorry, but I still don’t really understand, how can i proof that it’s my artwork? For example if I made an icons and use them in my theme preview. Thanks in advance.

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doru says

Hi guys, I’m sorry, but I still don’t really understand, how can i proof that it’s my artwork? For example if I made an icons and use them in my theme preview. Thanks in advance.

in a copyright fight the winner is who have more money and better lawyers. Happens all the time. Big corporation stealing each other ideas (see Samsung vs Apple as a recent example)

I don’t think you will have problems with the icons but you never know. :) Someone could buy them, then send a DMCA against you. Then, envato will disable your item, because they received this DMCA notice. I don’t think envato will check who’s right and who’s wrong, in the end they are not the judge.

Then you need to fill up a counter notice and wait to see if who send the dmca will sue you in court. If they do nothing, then you win and envato brings your icons back for selling.

You can then sue them because they said the icons are not yours. Good luck with that! :)

As I said lawyers and money win everything.

But you don’t need to prove you are the author, who send the DMCA notice needs to prove you stole the icons. But in front of whom? Who is the judge?

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MBMedia says

Don’t think youtube’s been addressed yet, so I dug around in their terms. Seems that any video which on its youtube page is licensed as “Standard YouTube License” you are allowed to embed that video in a website (even in commercial sites such as an item preview) as long as you are using a YouTube sanctioned service to do so, such as the youtube embeddable player, or the chromeless players/youtube API , etc. If you’re using some hackneyed method other than the youtube sanctioned methods, such as trying to access the video files directly…you’re in trouble. Otherwise, you’re good. 99% of videos on youtube seem to use this license, but some may be different, so check first (you can check it below the video description along with category and tags). If anyone disagrees with that assessment then please let me know, cuz I’m moving forward along those lines.

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collis Envato team says


Is this one cab be used? http://www.flickr.com/photos/mistybushell/2228156682/ Thanks!
Hey GoodLayers, it looks like the image is licensed under the Creative Commons commercial attribution license, so it should be usable in a preview provided you attribute and linkback appropriately in your item description.

Hey guys, I’ve been giving this some more thought, and while the CC license is right, actually the people shown in the photo won’t have been model released (not just the tennis player, but the background people) – therefore it’s not a photo that should be used in a commercial preview.

Sorry, got that last answer wrong :-S

Thanks to Doru for pointing out my mistake!

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designcise says

Was just going through the new “Membership Terms and Conditions” and would like to discuss the following clauses:

  • From #2; “Envato may, at its sole discretion, elect to: once Membership is granted, suspend, terminate or restrict your Membership at any time. Envato is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.”
  • From #5; “Envato may, in its absolute discretion, and for any reason, and at any time, with or without notice: interrupt or suspend your right to access the whole or any part of the Sites. You agree that Envato will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.”

Should we not always be informed of the reasons why our account was terminated/suspended or restricted? I mean, we’re working hard here and to have our accounts terminated just like that sounds very unreasonable. I think the above mentioned clauses need a little rethinking perhaps?

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doru says

Should we not always be informed of the reasons why our account was terminated/suspended or restricted? I mean, we’re working hard here and to have our accounts terminated just like that sounds very unreasonable. I think the above mentioned clauses need a little rethinking perhaps?

I think you take for granted that one day envato will throw you out of the window without explanation. Although this may be possible and permitted by the contract you signed with them and you should had read before clicking the accept button or check-box

If you are an honest author who respect the marketplace rules I don’t see why they should terminate your account. They can do it? Yes, but those clauses there are found on every website, forum, whatever account I may had created in the past on the internet. Every one of them can terminate my account because is their business and they can do whatever they want with it.

Tomorrow if they want, the team at envato could close all marketplaces, and retire to a tropical island. And why should they give you an explanation?

This works both ways.

If you decide to create your own personal marketplace and you need all the items from here to be available exclusively at your place, do you need to give a reason to envato on why did you delete all your files?

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dignotion says
doru said I think you take for granted that one day envato will throw you out of the window without explanation. Although this may be possible and permitted by the contract you signed with them and you should had read before clicking the accept button or check-box ... Tomorrow if they want, the team at envato could close all marketplaces, and retire to a tropical island. And why should they give you an explanation? This works both ways.

The applicable laws as per the agreement are the ones of Australia.

The laws of New South Wales, Australia governs these Membership Terms. Each of Envato and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

I’ll take a wild guess that most of the authors in the marketplaces are not from South Wales, AU, and don’t know how the laws of this jurisdiction protects them (or not). Yes, we authors do have the option to take our items and sell them elsewhere, it’s part of the fact we are the copyright owners of these items and thus hold all rights on them so the only thing we’re left with is the good will of all parties to make this place work, and this does work both ways, I don’t think we were all here selling our hard worked items (some of us exclusively) knowing the team is going to close all marketplaces and disappear one day without any notice. I honestly don’t think the team has even such thought. The team seems to have great and sometimes rare business practices among companies nowadays. Just take a look at some big corporations around us and see for yourself.

I think what designcise was trying to say is that these are very one sided and harsh terms which are quite the opposite of the overall feeling from the amount of discussions the team does with the users about every tiny move and I saw myself many instances where things changed thanks to a user’s comment. I’m pretty sure these terms were written by a lawyer.. that’s lawyers’ lingo.. and this is a good example of an overuse of one.. it won’t harm anyone to rephrase those terms to be more friendly :)

Last comment, as for the contract we sign, this is a contract commonly called ‘Standard Contract’ http://en.wikipedia.org/wiki/Standard_form_contract, we can’t really negotiate it (well, most of us) so very few take the time reading it at all. All others hope they are doing business with honest people.

Whoaaa… that was long, well done if you made it all the way to here ;p

Cheers.

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