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dany_j says

Aren’t we a little paranoid about all this?
I remeber last year there were lots of flyers using Tron movie images in preview file.
In the end I end up renting that movie.
Whats the harm to that movie or company that made it.
Its free publicity to them

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chrisatlemon says

there is never any harm. There’s no harm in downloading a movie either nor in downloading MP3 . Everybody knows it only the industry is trying to squeeze people for money because they failed to keep up with the times…

The problem is that this is a commercial marketplace and that Envato is a company which has to obey the law, no matter how silly it is. If they do not they can be taken to court and they can be sued for potentially millions. It just takes one company like Sony to find two photos of their licensed artist and they will be suing you for $30 million… so you better protect yourself from the start.

Also see my post a little higher in this thread about fairness between authors. We should all be playing by the same rules…

Cheers

Chris

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canimalition says

Suddenly

\\

Q&E, is that you?

\\

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PixelBuffet says

Film and TV images are the ones being mentioned because it’s blatant – there is no way the author of a $6 flyer has sought licensing for images from Tron.

dany_j – You’ve got some really nice brochure templates. Am I okay to steal the car brochure design so I can use it to help me sell cars? Don’t worry though – I won’t let them keep it after they buy the car, so it’s actually free publicity for you :p

Silly example, I know – but do you see my point? You don’t have to be a big corporation to be harmed by this, independent photographers / designers could be losing out just as much.

As Collis put it in his post on this:

“I feel we are all in the business of intellectual property, so not only is it a legal requirement, but it simply makes sense that we should in turn be diligent in respecting other people’s IP and copyright.”

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dany_j says

Film and TV images are the ones being mentioned because it’s blatant – there is no way the author of a $6 flyer has sought licensing for images from Tron.

dany_j – You’ve got some really nice brochure templates. Am I okay to steal the car brochure design so I can use it to help me sell cars? Don’t worry though – I won’t let them keep it after they buy the car, so it’s actually free publicity for you :p

Silly example, I know – but do you see my point? You don’t have to be a big corporation to be harmed by this, independent photographers / designers could be losing out just as much.

As Collis put it in his post on this:

“I feel we are all in the business of intellectual property, so not only is it a legal requirement, but it simply makes sense that we should in turn be diligent in respecting other people’s IP and copyright.”

but you also use adobe logos and social media logos that are actualy included in your download file. :)

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dany_j says

what I am trying to say is all this paranoia. In the end you have to be cerful if you mention for example Sony or Adobe in this forum in some context that they dont like and they might take some legal action against you

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BrianCoyDesign says

The best way to educate ourselves is to look at the copyright laws themselves. Copyright is protected by treaties between countries so the country in which the copyright is filed or created determines usage.

In the USA you can get information at copyright.gov.

I’d suggest to authors to look at these pointers on fair use: http://www.copyright.gov/help/faq/faq-fairuse.html

From the page…

Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner’s exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney’s fees incurred by the copyright owner to enforce his or her rights.

Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.

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Giallo says
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cooledition says

I believe that this should fall on to the reviews decision.

If the item is being sold and there is copyrighted material for stock imagery being used then an extended licence should be asked for or at least proof.

^This dont work for me, i will tell you my case.

Some months ago i spent like $150 on extended licences to make some flyers…. THEY WERE REJECTED AND I LOST MY MONEY .

Now i buy first the regular licence and if my file is accepted i buy the extended licence, that way i dont loose my money. I think it is even better for stock sellers, since i do 2 buys from every item.

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BoxedCreative says

Can someone please advise on using branded products, lets say showcasing a particualr product in a magazine layout or a brochure layout? The best example is if you see some magazine layiuts and in their previews they show products such as , Apple, sports brands, celebrities etc.

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