Posts by Creattive

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Creattive says

Currently “Andreas Bourani – Auf Uns” Fits very well to the win of the football world cup :)

wer kann denn das noch hören..

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Creattive says

...now when you click on Wordpress it only open the dropdown menu.

Again, I cannot reproduce that here. I also doubt that they would change that.

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Creattive says

Hi,

I will try to tell you what is in my opinion wrong, but cricism is never easy, so bare with me :)

The background is a simple fractal noise with it’s evolution keyframed, and the text animation is mainly a pixel polly effect as it looks to me.

It is very repetitive and looks outdated, the text looks blown out in many scenes (it’s pure white). Also, the text looks pretty simple, too, it has no texture or any other effect to it that makes it more interesting. I can see a slight texture on it, maybe simple fractal noise again, but that doesn’t look very good imo.

Overall, it does not give the impression of a professional work.

Kind regards, Tobi

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Creattive says

Oh cool…. about a month then I have earned mine :)

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Creattive says

I was talking about the “CC by” License. Afaik, the terms are defined what you can do with this license and what not. The author of the video may allow you to do more, but if he wants more restrictions he needs to choose another license.

One part of the license is that you may not give the impression of the video creator to be in any relation with your project or that he endorsed you to do the project you used his work in.

Money for court, yes it might come down to that, so we do not need to debate this in lengths. I do agree that it is better to not use any recognizable face. I just like to understand the rules that apply here and my question was simply “if envato wants to forbid the use of recognizable faces, why is this restricted to famous people, or in other words why are we by envato allowed to use non-famous people in our previews”.

Chances are higher to be sued by celebs, I agree. But it would be better to make rules based on laws and not on “who might not sue me for it”.

This is a video I have seen in a videohive preview some days ago. I’d say Mario Götze is world famous after he scored the winning goal in the world cup finale:

https://vimeo.com/98801478

What if only scenes are used where his face is not in the frame or not recognizable?

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Creattive says

Just wait, the day after tomorrow you will look at your 28” screen and think “Why didn’t I get a 30” screen” :D

You get used to these screen sizes so quickly :) I am running on two monitors, 27” and 30”. 2560×1440 and 2560×1600

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Creattive says

It’s not about “expression”

Legally, it is.

But I agree with you, it’s the simplest to just stay away from videos with recognizable faces (but not just from those with celebrities)

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Creattive says

You cannot promote a videohive product (preview is a promotion) without the according license. And you cannot use celebrity faces. If you have further questions write to kingdog who already answered this question or write to support. And i will always be bored enough to report any infringements of rules.

Yes, thanks cyzer.

I’m just saying this applies to all faces, it’s not restricted to celebrities.

So if you want to report non-licensed previews, you have hundreds of previews to choose from.

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Creattive says

Hi Doru,


Well guess what, you can’t, somewhere, on Nescafe website, deep inside the terms of use there’s more than certain a clause that deny the use of their promotion material to promote a different company and even to give the impression that they have any connection with you or your brand. (Some people may think your product is connected with Nescafe, yes it happens)

If they release it under CC, the terms are defined and it doesn’t matter what they write on their website. If they want to define the terms themselves, they have to release it under their own license.


Also, famous people, like George Clooney, have an office of people that sell the rights to use their image. I’m sure Nescafe paid a lot of money for using this celebrity, and I’m sure inside some lawyer desk there’s a contract that forbid any type of use or mention of George Clooney except the ads that are released.

This is surely correct. The question is, if I make a simple slideshow and showcase videos as placeholders, for example an ad, does this give the expression like the coffee drinking George Clooney is advertising my slideshow (forbidden), or is it more like I am showcasing an ad from Nescafe, and Nescafe paid George Clooney to star in it (allowed).

It would be something different to cut it down so that I showcase my product and then have one quick scene where George Clooney says “Buy it now”, giving the impression George Clooney is referring to my product.

To be on the safe side, it is best not to use any recognizable faces at all. But again, this is not restricted to celebrities.

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Creattive says

Creattive you are just being a child now. The rule is clear and simple everyone knows what a celebrity means. If the person has a copyrighted face then its forbiden to use its face or lookalike in any commercial activities. You can obviously use logic and common sense – all known and seen actors like mila kunis has a copyrighted face. They live from it. Like you live from your templates which are not allowed to be copied.

Sorry cyzer but your four posts are full of so many mistakes.. I don’t know where to start.

You talk about copyrighted faces. Wow. Where did you get that from? Is there some institute I can go to and let my face be “copyrighted”? lol. Every face is “copyrighted”, nobody is allowed to take a picture of me and use it to promote his product. That is why there is something like a model release. You by the way need that if you upload some videos here with recognizable faces. And guess what, even when it’s not a celebrity with a well-known “copyrighted face” ;)

Let’s see, what else. CC By is actually a commercial use license.

If you read my post again, you might find out that I’m criticizing the fact that this rule is restricted to “famous” people, while actually everybody has a “copyrighted” face, to use your words.

Have you ever wondered why newspapers can publish pictures by celebrities? The papparazzi should be sued to death by your logic because they are shooting “copyrighted faces”. I cannot speak for all countries in the world, but newspapers can do this without a release because the person they take a photograph of is a person “of public interest”. They are allowed to publish a photo of a celebrity in an embarassing pose, while they are not allowed to do so with a non-famous person.

Doru’s answer is pretty good, +1 for that. You are basically not allowed to change the impression of the video so that it looks like a celebrity is praising your product. But to be more clear, you are also not allowed to do that with any other person, famous or not.

So why is this “rule” restricted to famous people? Probably because they are more likely to sue you for it, but legally everybody can sue you for using their face.

And still, the word “famous” is quite vague. Do you know Nora Tschirner? She’s a well known german actor, but I doubt she is very popular outside of Germany. So for example an american would not recognize her as a celebrity. That’s all I’m saying.

Well, I’m going to be a child now and get my face copyrighted :)

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