Important: Use of Assets in Previews on Envato Marketplaces

Thanks

I was suppressed to learn a few days ago how many photodune images we actually have bought (around 100) in the last couple of months; not sure what we would do without them!

Authentic said
I was suppressed to learn a few days ago how many photodune images we actually have bought (around 100) in the last couple of months; not sure what we would do without them!

Great stuff, it has probably never been communicated so clearly before and I’m sure it will help loads of people.

I don’t know if I may ask this because it is not part of the article directly, but the article links to it, so:

From http://wiki.envato.com/selling/tips-selling/what-images-videos-illustrations-or-music-can-i-use-in-my-items/

Assets You’re Welcome to Use
Someone else’s items available on Envato marketplace (preview only) – Let’s say you’d like to use a video from VideoHive in the preview of your WordPress theme. This helps you have a nicer looking preview and helps give other authors some extra exposure. This is acceptable as long as you:
(a) only include the watermarked preview (b) only include it in the preview, not the main download
(c) clearly link to the file in your description
(d) state clearly that the file itself is not included in the main download

Does that mean one could use Flyers from GraphicRiver with the watermark included in the item previews without purchasing them?

Thanks for the information! All the best,
Mel for KarmaThemes


Edit: I just realized dtbaker asked basically the same thing and got a “Yes”… That’s pretty generous to allow that, good to know!

Thank You for the info Collis, but I have a question.

The wiki says: Assets used in preview files need to be properly licensed for such commercial use. Because the asset is not being resold or redistributed, you will not need a re-sale or re-distribution license as you would for use of that asset in the download file. However you will still need a license for a commercial use (reproduction) within the preview file. It’s important to read each license carefully to make sure your intended use of the asset complies with the license terms.

Why You need a commercial license for the preview image. You are not selling the photo nor You get the money because of the photo, don’t You?

Thanks for sharing another good piece of information from you

This is something to complete it for those interested in details: http://www.chillingeffects.org/dmca512/faq

I’ve got related question(s).

1. It’s understandable that you have to comply with DMCA law to qualify for safe harbor provisions for service providers but I noticed that you not always do that. For instance our support ticket (#178348) was received by you on 23rd December 2010 and it still didn’t got response (28th January 2011). According to law all the notifications should be promptly forwarded to opposing party and complaining party should be notified about that. This is your article about ‘put back’ procedures: http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/ What are authors supposed to do when their notice or counter-notice (or other notices) are getting ignored? Why this happens?

2. DMCA law is strange to me. You act first and ask questions later. Any item can be deleted without preceding notice. Perhaps you can’t do anything about that because that’s the law but in my opinion it contributes to some false claims that come from misunderstanding or mistakes and that can damage both authors and marketplace slightly.

3. It’s good to hear that reviewers will have impact on more things. Good system and requirements seem to be the best foundation of great company. Focus on review more and I believe that such problems may be decreased It’s worth additional funds and hassle in my opinion.

PS
I think that reviewers and support should help authors more on ‘private’ non-official level (as much as possible). Most of the authors don’t know law and they just want to create items. Going towards ‘automated’ treatment of authors isn’t good in my opinion. Friendly, non-official support advices may reduce many problems and passively following law isn’t always good for anyone involved.

Thanks man!