GraphicRiver

Use of images you don't have copyright to

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Krisdog says

I am a bit confused as to the rules here for using images, be they stock photos or stills from movies and movie posters and the like.

I won’t link to specific files, but many high selling authors use these sorts of images in their templates often saying in the description they aren’t included in the download. That is good to know, but they are still using the images commercially (to help promote/ advertise their work).

While I have no doubt some authors buy the stock licenses to allow for the use of stock photos in this way it is unlikely that those with dozens of photos on a web template have done so. Are we supposed to believe that they have also contacted the movie studios and celebrity photogs that have taken the promoshots used on some of the flyers in the market place? If this is okay does this mean that using stock photos without licenses is also okay? If not why one and not the other? What are the rules here exactly? Is there some sort of guidance I can read on the site?

5 months ago
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quickandeasy says

Hi Krisdog,

here are some articles you may want to check out:

It is the Author’s responsibility to obtain permission for assets used in their files.

What if You’re Unsure About the License?

If you’re unsure whether the asset’s license allows you to use the asset in your preview or main download, ask either the license holder or a lawyer. Unfortunately, Envato support cannot help you interpret anyone else’s licenses. Again, it’s the responsibility of the author to verify the licenses of assets they use.
5 months ago
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Krisdog says

Thanks for the reply. That clears up what the official policy is. Here’s the most relevant bit to what I wanted to know:

“Assets in Preview Files The rules for using assets in preview files tend to be less strict than in the main download. The main difference is that for preview files, you don’t need a license to resell or distribute. Though a license to use the asset commercially is usually enough, it’s important that you read each license carefully to make sure you’re not violating anyone’s copyright.”

I am surprised that as a site selling IP there isn’t a bit more over-site. I mean I know legally the DMCA covers Envato for Author content, but as we make our living off of our copyright it seems odd that the more flagrant violations, where for example famous photos of celebs are used to promote party flier templates aren’t caught by the reviewers.

I mean in these cases it’s very obvious that the designer hasn’t got a commercial license to use the images for marketing their work. It would be a chance to educate authors on how licensing works, which can only benefit a site selling licenses in the long run.

5 months ago
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quickandeasy says

The items on sale here remain under the copyright of the Author and so any copyright violations lie with the Author, not Envato.

Keep yourself safe and buy your images from Photodune :P

5 months ago
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Krisdog says

Thanks, will do.

5 months ago
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vertigox says

Hello guys, i understand eerything you say about copyrights, but, i have a work rejected because the reviewer say i use image without permision of copyrights

“we have some concerns that assets used in your item may not have been properly licensed. 1) No famous people or screenshots from movies, tv-series, video games, cd-covers or anything similar that might be infringing on Any copyrights are acceptable! Please remove them from the Preview!”

Is ok i will change those images.

Now take a look a this guy. http://themeforest.net/theme_previews/98244-synthetik-wordpress-theme?index=2 why can he STILL selling his templates?, why isnt his account blocked? (at least temporal), I dont see even a single Legal image.

He also use Trademark names like Coca-Cola, Pixar, Apple… in his live preview templates text.

This is not fair at all, I have to pay for stock photos to be able to be accepted while others use images without copyrights and still selling.

I really wish an answer.

3 months ago
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quickandeasy says

Hey vertigox,

As posted in this article, Authors have until March 12th to remove content of this type.

3 months ago
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vertigox says

Thanks very much for your answer. cya

3 months ago
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chiccosinalo says

i am a photographer and i use shots that I take, how are you going to verify this and how iam I supposed to indicate this.

thanks

3 months ago
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EladChai says

i am a photographer and i use shots that I take, how are you going to verify this and how iam I supposed to indicate this. thanks
Same here. I also use my own shots as I am a professional photographer and have many friend photographers who share with me photos. I think it’s a bit odd and annoying to ask each person to sign a model release for me as I think that they don’t give a crap about it anyway cuz they are just normal poeple and not famous so why should they care, I sure wouldn’t. And also I don’t think they will even bother wasting their time to sign something. That’s silly.
3 months ago
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