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mpc Volunteer moderator says

I am still not sure which images ca we use, I see many templates use shots from movie or games… How can I use snap shots form movies/games?

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DarkstarDesigns says

I think what everybody is doing is illegal!

Could I be sued for using somebody else’s work? If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

So i am guessing nobody has the right to use any of these images.

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wickedpixel says

I think Envato got tired by this problem and that is why they changed the rules that says the file authors are responsible for copyright problems. You can add in the preview whatever photos you want. It’s your licence problem.
Also.. I’m pretty sure they will remove any file that is reported with copy problems.

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Joost Volunteer moderator says

You can add in the preview whatever photos you want. It’s your licence problem.

So yeah, to sum up: it’s illegal, but people think the chances of getting sued don’t weigh up to the profit of a slightly more attractive preview ;)

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fillerspace says

There are two questions here. What images can you include in the files uploaded to ThemeForest, and what images can you include in the live demo hosted on your own servers. The answer to the first question is that you should only include images for which you have express permission to include in a product for resale. These would be for example open-source icon collections, or stock photos you purchased with an extended license that allows resale (very expensive), or pictures you took yourself.

The second question is trickier…since you are hosting these on your own site, you can do whatever you want, and Envato can’t stop you from violating copyright, since you are the one responsible if you get sued. Usually photographers hold the rights for pictures they take, or maybe the company that hired them does. This means that any screenshots from movies, games, or TV shows are probably off-limits. You should really get their permission before using their images in your demo site, but realistically, they aren’t going to know about every site that uses them, so you won’t get caught if you don’t get permission. Fair use is a gray area…technically you should be able to use an image even if copytrighted if it is for purposes of commentary or education. So if we are writing a review of a movie, including the poster or a screen grab would be allowed, but for a theme demo this wouldn’t seem to apply. Another case would be for a classroom course on film lighting, showing a screen grab of a scene from a movie would be allowed, but again a theme demo seems a stretch.

If you care about doing the right thing, you can find quality images by searching for creative commons images and videos. Flickr has a search for these, and you just have to include an attribution credit (e.g. photos by john doe, with a link back). There are also quite a few videos on http://creativecommons.org/video that you can use in your demos.

It should also be noted that with the DMCA it is a lot less likely that they would go to the trouble to sue you over a few screenshots, and instead they would just send a takedown notice.

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pezflash says

Also.. I’m pretty sure they will remove any file that is reported with copy problems.

I’m not so sure, if the file is one of the TF beasts.
Most probably they will contact the author to look for solutions.

Even with the new rules, things are the same. TF uses hollywood pictures, AD authors restricts to legal assets. I think we are more legal people, aren’t we? Who knows. And who cares.

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flashedge says

I didn’t know we could use creative commons assets. That’s great I just needed some awesome video to showcase. :)

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