I’m not experienced in the license question at all, but one thing I was asking myself all the time: When somebody uses my AJ track for a TV show, a TV trailer and not for a commercial, does that mean, a regular license would do it or does that require a extended license?
Is a TV show or a TV film (e.g. a documentary) a free end product “Use in a free end product”, since the viewer will not pay for this particular film in that sense? But he may pay, like in Switzerland, a annual fee as soon he owns a TV (I don’t mean the monthly fee he would pay for the cable TV access or whatever). How is that handled?
Be sure to check out the FAQs. TV and film always require an extended license.
Second, in the Extended License, clause 17 it states:17.The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you. Envato Pty Ltd is not a party to this license or the one giving you the license.
Does this mean I can specify the terms of the license or give special allowances to my customers if I choose? Seeing as how this license is between me and them, and Envato Pty Ltd is not a party to the license, I should have no limitation on making modifications, special terms, exceptions to, etc. should I choose. What I would like to do, is make things easy for my own customers and just say Yes or No when they ask me if they can do something. I’m really fed up with having to dance around and not be certain of what is and isn’t allowed. If I’m interpreting this properly please let me know.
In short you’re asking if you can add special clauses or amendments to specific items for the buyer. There’s actually an FAQ for that. No because that would make things way too confusing for the buyers. Imagine wanting to buy a theme and having to worry about different legal terms for every item. How would we handle it when an author had unreasonable terms? It’s just not something that makes sense for buyers or sellers.
However, it is my understanding that this still can be accomplished under the Extended License (with permission from the CodeCanyon author). Someone please correct me if I’m wrong – as there will be a few things I’ll need to adjust.
Please read this post: http://notes.envato.com/general/marketplace-license-updates-part-2/
Great questions. I’m going to try to answer a bunch of these in one post so hopefully I won’t miss anything major. Please note that I won’t re-answer questions that have been answered. For use of stock items within themes, see my post here.
Will regular licenses for items such as photoshop styles that have already been purchased be upgraded to tool licenses, or do they need to be repurchased to allow the styles to be used in products that are to be sold?
The license you purchased is the one that applies to you. It would be really bad for the buyer if we could just come to them later and tell them their terms have changed. Regarding the Tools license specifically, nothing really changed there. We just gave it its own license as that part made cluttered up the regular license and caused confusion. The old license and the new one allow you to use tools in items that you would sell. For example, you could sell a digital painting that you used one of our brushes to create.
SchwartzSound saidWe were trying not to sound to iron fisted, but you make a good point. We’re working on that now.
”...If you want to create a second website from the same theme, please purchase another license.” I suggest changing “please” to “you must”.
SchwartzSound saidWe had decided to leave that out when we launched, but I can’t 100% remember why. I’ll follow up as that seems like a nice feature.
2) It would be nice to have an “expand all” button for each of the question sections (or entire page). When searching the page for terms/words, they remain obscured and difficult to locate without having to manually expand every single question.
VF saidInteresting. I’m not 100% sure I agree, but I’m going to discuss this with the others.
Also the color of all the text on License & FAQ pages needs black/gray rather than branding color. It is horrible and unnecessary to maintain color even on license pages! Also maintaining same color on all marketplaces will ensure buyers to aware they reach same license pages regardless of marketplace. Of cource color differentiation will make sense if the license terms written for each marketplace separately.
Is this the way you intend WordPress multi-site (network installs) to handle licensing? Do I need to direct my customers to contact Envato support to work out terms for setting up WP network sites that allows users to create their own sub-domain blogs?
Yes. The reason we decided to do this is that it left a huge potential loophole for buyers to mass distribute themes. We’re working on a less manual solution, but it’s something we decided was important in the short term.
As for your second question, I’ll get back to you.
My final, comments. These new licenses are confusing at best, ambiguous is probably the better term. My guess, this is intentional. Consider me frustrated.
Please keep in mind that this is a preliminary phase of a larger project. Our intention here was to clarify the licenses and close up some holes. At this stage we’re still working with a one-size-fits-all system, which every day it becomes more clear that it’s not adequate. With this phase done, we have a much more solid base to build on top of. The licenses are constantly evolving and improving and though we’re not done, I believe these are a big step in the right direction.
SyamilMJ saidNo, but for clarifications, please read my last post. Also, please note that because the topic of using one stock file in another stock file was so hot, we gave it its own thread: http://themeforest.net/forums/topic/all-marketplaces/47
Can I buy a regular license item from CC, use it in my free plugin or theme, then distribute that plugin/theme to public?
Or do I need an extended license for that?
Or is that even allowed?Cheers
Vasterad saidI agree. If you read it carefully and think a little, it makes sense of course, but using the word “free” might be confusing at first sight. It may rise a question: so is it for commercial use or not?.
In my honest opinion “free” word is a bit misleading at first sight.
I’m sure if you (Envato) focus on each market separately, you’ll be able to create much better descriptions. It’s very important, if you ask me.
The short answer is no, you can’t ever distribute a theme. You can distribute the end product created by the item, but not the item itself. For example, you can distribute the flyer, not the flyer template. In the case of a theme, the end product is the website. Since you can’t distribute the theme and there’s no real way to distribute a website, this clause doesn’t really apply to themes. The difference between a regular and extended license when it comes to websites is whether the content is freely accessible or if users need to pay to access the content. If a website is a store, as long as users are able to access the store and see products without paying, the regular license is fine.
Single end product, distributed free by you or one clientIn my honest opinion “free” word is a bit misleading at first sight.
Thanks, Vasterad. We’re looking into that right now. Keep in mind that it’s impossible to reduce the whole license down to 10 words and have it make sense for every file. No matter what goes there, people need to understand that there’s a license, not just a blurb.
Note: There is already an ongoing thread for authors who use marketplace items within their items (ex: CC plugin in a TF theme) here. This thread is for everything else.
As you may have already seen, we’ve made some pretty big changes to the marketplace licenses. Here’s Collis’s full announcement, with an explanation of everything that’s changed.
We’d love to hear your feedback and suggestions for further improvement, so please let us know what you think! We’ll be following this thread closely to make sure your voices are heard.
Hey guys. Thanks so much for you input! Sorry to close off this thread, but I really want to keep all the input in one spot. Be sure to hop in there so the AJ voices are heard! http://graphicriver.net/forums/thread/new-marketplace-license-discussion/85239
Under the extended license, is it okay to use a Videohive AfterEffects element, not just as part of a video reveal, but as part of the logo itself? If so, can that logo (either still or in motion) be trademarked?
No. Currently the only categories that allows use in logos is the Logos category on GraphicRiver. Even then, because it’s a non-exclusive license, you can’t actually trademark the logo.