Posts by IndustrialThemes

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
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IndustrialThemes says

Wait a minute. Are we talking about the link to the Live Demo hosted on our own server, or the Theme Preview that we upload to ThemeForest?

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
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IndustrialThemes says

What about Fair Use? Since I’m using the stills just to demonstrate a theme (educate customers), would the stills fall under Fair Use? The following excerpt about Fair Use of movie stills was taken from here: http://www.reelclassics.com/Buy/licensing.htm

Section 107, “Limitations on exclusive rights: Fair use,” says in part:

The fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

-the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

-the nature of the copyrighted work;

-the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

-the effect of the use upon the potential market for or value of the copyrighted work.

In other words, for certain non-commercial, nonprofit educational purposes, a small portion of a film (for example, a still or clip) can be reproduced without first obtaining the permission of the copyright holder, but you should still give credit to and acknowledge the copyright holder as the source of the material. (For example, under an image or clip from BAMBI (1942): “©The Walt Disney Company”.) For more information, check out the Helpful Licensing Links below.

I notice sites like Stereogum, Kotaku, and Cnet frequently use the same type of images I want to use in my demo. So, my questions are:

1) Do these sites have to get licenses to use each and every image in their blog posts?

2) If not, is that because of Fair Use, or a different reason?

3) Whatever the reason, wouldn’t my demo blog fall into the same category? Isn’t it just a blog with info/review articles similar to a Stereogum or Kotaku?

4) Wouldn’t links to showcase sites for items fall into the same category as live demos? If not, how is that any different? Will authors need to remove their item showcases now, since those showcases could potentially contain copyrighted images?

I appreciate any feedback or information anyone knowledgeable on the subject can provide.

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
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IndustrialThemes says


That’s exactly why I’m asking for recommendations to do this the right way. If I didn’t respect Envato’s terms I wouldn’t have even bothered posting anything here. It seems like you are more interested in playing police than actually helping me solve my problem.

I’m not a lawyer so don’t take this for granted:
you should say “bye bye” to movie stills. At least from the blockbuster/commercial movies. Instead, maybe you can try and find some indie films, published under CC licence? That way it might be allowed to use stills. Or at least it would be much easier to contact authors, as they should be more reachable than Stevie Spielberg or Woody Allen :)

I don’t know if that works for you…

That helps, and it’s a pretty good idea. Thanks.

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
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IndustrialThemes says


There has to be a better way. I won’t accept “under no circumstances can you link to a still of a movie on your own server for an item preview.”
If you don’t respect envato terms they will soft disable/delete the item, and they can also ban you from the marketplaces if you don’t understand this simple thing: you can’t use content that is not yours/don’t have authorization to use. :)

That’s exactly why I’m asking for recommendations to do this the right way. If I didn’t respect Envato’s terms I wouldn’t have even bothered posting anything here. It seems like you are more interested in playing police than actually helping me solve my problem.

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
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IndustrialThemes says


It seems ridiculous to replace all of my movie stills in the Movie review section with irrelevant stock photos of other types of things, because that could potentially confuse my customers, hurting both them and me (and Envato). It’s a lose-lose-lose situation.

the alternatives is that the owners of those movie stills may close envato marketplace for copyright theft.

and more lose situation than this. :|

There has to be a better way. I won’t accept “under no circumstances can you link to a still of a movie on your own server for an item preview.”

Please don’t suggest that I contact each movie studio and obtain a license to use each photo in my demo. The cost of that in terms of time and money would completely eclipse the gross revenue of the theme itself. (In order to demonstrate all of the review types in my theme correctly, I have written over 240 dummy posts, each with a featured image.)

How can I provide my potential customers with a proper demo? Can anyone recommend where I can get stock photographs of movie stills? Am I missing an obvious resource? I would love to do this the right way – I have absolutely no interest in breaking any copyright laws.

Any suggestions are welcome!

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
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  • Has collected 100+ items on Envato Market
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IndustrialThemes says

I create review magazine templates where people will review movies and music, and each review type will show up as a completely distinct “mini-site” within the main site. That means each mini-site needs to be themed and “branded” as a unique review type. Featured images for the Movies review type need to be stills of actual movies. So far in my searches I have not found any stock photography sites that contain movie stills.

It seems ridiculous to replace all of my movie stills in the Movie review section with irrelevant stock photos of other types of things, because that could potentially confuse my customers, hurting both them and me (and Envato). It’s a lose-lose-lose situation.

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
+6 more
IndustrialThemes says
graphic_dev said
graphic_dev said
I forgot something in my upload so updated it two times. After a few hours it got approved both times, but nothing is updated… The Main File is still the same.

And I also got that error message about 500 times :(

I’m kinda stressed out about this since it’s my first template and I don’t want the buyers to get the wrong file :/
It finally worked. Thanks Ivor :)

Lucky! Still not working for me. Sounds like yours was a little more time-sensitive, so I’m glad at least one of us got something uploaded!

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
+6 more
IndustrialThemes says

The form is now viewable, and I was even able to submit successfully about an hour ago. Then I realized I forgot something and had to re-upload the item and now it’s giving me the error again. It’s like it’s intermittently working. Can anyone confirm this?

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
+6 more
IndustrialThemes says

Might I suggest adding an extra javascript alert (or changing the one that pops up) that informs the user that they are about to buy a free file (obviously only if the item is the free file of the month)? I believe that would solve all problems.

IndustrialThemes
IndustrialThemes Recent Posts Threads Started
153 posts
  • Has sold $500,000+ on Envato Market
  • Has been part of the Envato Community for over 6 years
  • Has collected 100+ items on Envato Market
  • Elite Author: Sold more than $75,000 on Envato Market
+6 more
IndustrialThemes says
bloooming said
Hey,

yes, I saw that too. They are probably doing some kind of maintenance…

Usually those things are fixed within a couple of hours…

Cheers

Cool, it’s not just me. Thanks for confirming this!

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