Yes, as part of a broadcast/radio service streamed (for a price) to many different stores?
After discussing with the legal team, here’s the answer:
- Streaming standalone music would be considered “re-distributing or making available the music as-is”, where simply changing the transmission format (e.g. download vs. stream) is only a superficial modification at best, and is therefore a restricted use. In other words, putting the music on a physical device or network service and providing other stores/locations use of the music is essentially the same thing as putting the music on a CD and handing it out (be it paid or for free), which we expressly do not permit.
- Playing background music in a local store / public space (or at an event, presentation, theatrical play, etc.) however is allowed as it is a performance, e.g. played directly over loudspeakers, and not considered a re-distribution of the content.
In summary, you can license a track and play it in your own store / location as standalone background music, but you can not re-distribute the music as-is by streaming or any other means either for 3rd party playback or any other purpose.
This is something we will be considering and defining further in our audio licensing project we are currently working on.
Maybe you have to work out a private deal or license since audiojungle can’t support such usage license, if that’s ok being you are exclusive. Pretty sure you are allowed to license your own music to a client being exclusive but just not sell it on other markets.
@Sophonic: While you can freely use your own items in your freelance work for clients within the regular/extended terms, if you’re exclusive you cannot distribute your own items elsewhere or under different/special terms.From the Author Licensing section of the FAQ page:
@NoizMan I’ve brought the initial issue to our legal team for further consideration, I’ll keep you posted.
I also told him that if he had a radio which is broadcasting only for stores, maybe he could use the tracks with extended license. What can you say about this?
Do you mean playing the track as background music just in his store(s)? Or as part of a broadcast/radio service sold/streamed to many different stores?
Hey NoizMan, from extended license, item 8:
“You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.”
Reselling/redistributing a music track on a music CD or compilation is not permitted as this would be a redistribution of the item files as-is, be it commercially or not. In fact the example on the license page specifically says “For example: You can’t license a number of audio files, and re-distribute them as a package on a CD.”
Hope that helps!
Thanks everyone for the initial responses and feedback. As this project is already underway I’ll be closing down this thread, but it will remain here as a notice.
As mentioned, please refrain from calling out price changes in the forums to keep these tests as organic and meaningful as possible. If you have concerns about your individual items relating to a price change, please bring them directly to Envato support so we can assess and respond to them as effectively as possible.
Again rest assured we will be tracking marketplace statistics very closely, and will keep you informed of any major developments to pricing in the future. Thanks!
^ wait, what else is it? If it’s not part of your “test” why don’t inform authors and let them opt-out of this promotion?
Hey @revaxarts, the current discount on email templates is a promotional marketing initiative. The ongoing pricing tests we will be conducting as discussed in this thread are NOT promotional in nature, but are part of refining our longterm pricing strategy for the marketplaces.
In other words, assuming the current promotional event is a huge success, that does not in any way mean we would then roll out a permanent 30% discount across the entire marketplace. These initiatives are completely unrelated in nature and purpose.
If you have specific questions on the marketing promotion itself, it would be best to direct them to Alex in his related thread. Hope this helps clarify!
Hey everyone! I just want to clarify that the current marketing promotion is NOT part of the aforementioned pricing tests. As mentioned, we will not be publicizing these price changes to maintain the integrity of the tests and outcomes. Apologies for any confusion.
You can read more about the actual marketing promo here: http://themeforest.net/forums/thread/testing-a-30-discount-on-email-templates-for-7-days/122479