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tjrchampion says

Hello, i’ve looked and read lots about copyright and author copyright etc, but i’m confused as to whether i can use screen shots and pictures of games without the authors permission or some kind of payment?

As the template is promoting the games i’d of thought it was possible to use any image free of charge? Or that the template images used are simply holder images and it is the purchaser that should deal with what images are used when the site is live? Any help or advice would be grateful.

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digitalscience says

If it’s screen shots from a commercial game like for example an Electronic Arts game – then no you can’t use it. Only if you have permission from the owners of the game – which you probably won’t be able to get anyway so best bet is too use the images in the FlashDen asset library which can be used in FlashDen files or create your own images somehow that look game related. Maybe a spaceship game with alot of abstract star images and you can add in expositions and what not. or a war game with desert shots and jungle scenes some expositions, tanks – but you would need to find images that are not copyrighted and you can use them to be redistributed and sold commercially – not easy to find though.

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jonathan01 says

http://themeforest.net/forums/thread/use-of-image-again/13689

Basically this is the current ruling: It is illegal to use any images owned by anyone or any other entity in designs (whether content or design elements) without the strict written permission or applicable license obtained.

But please do not ask me why this seems to be happening on certain designs for sale.

I already submitted a support ticket last week.

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jonathan01 says

here is the response from Envato re the current templates available for sale with copyright game images for all those interested:

It’s come to our attention that the author does, in fact, have permission to use those “videogame” images. Additionally, they are not included with the purchased download. We now consider this matter to be resolved. We, once again, appreciate your assistance. :)

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tjrchampion says
here is the response from Envato re the current templates available for sale with copyright game images for all those interested:

It’s come to our attention that the author does, in fact, have permission to use those “videogame” images. Additionally, they are not included with the purchased download. We now consider this matter to be resolved. We, once again, appreciate your assistance. :)

Good news then, so just to clarify… we can show game images / screen shots within the preview of the template however should not include them in template which is for sale…?

I’ve used images from a friend who is fantastic at speed painting just to be sure i don’t breach any copyright laws. But this is great news and i may well consider using game images again. Thanks for the information and advice.

I should be ready to upload my new gaming PSD template in the next coming week if anyone is interested. we’ll find out i guess.

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JeffreyWay says

Remember – that statement refers specifically to one author. It does not apply to everyone. You MUST ensure that you have written permission to use copyrighted images. 9 times out of 10, you won’t. So play it safe and use our asset library.

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jonathan01 says

Just curious, but if I own a website that … for example, has images on it that are for movies etc and this is my website, I then use a screen shot of this site in a template – would this be breaking the rules or acceptable.

So, in plain English what I mean is – a site I own uses copyright images in it’s articles etc – I take screen shots of this site and use them in a template for sale on TF. I can write permission to myself to use these images if required :)

Thanks.

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jremick Staff says

The copyrighted images on your website will have certain usage rights. If you have permission to use those images in any way you like including commercial resale and distribution then yes, you can use them in templates since you’ve obtained appropriate licensing/permission.

If you don’t have appropriate licensing/permission then no, it will still be illegal for you to use them for anything but the original usage rights you were granted.

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marcfolio says

So hold up. What about Previews then? Preview files often differ from the actual downloaded file that’s purchased (like the video game shots you mentioned).

So for demonstration purposes can we include images that are in the open? Like google and Time life teamed up and have scanned in millions of un-used negatives and are available for use by search google and putting “source:life”. As long as the photos aren’t included in the buyers source they should be usable right? or not?

Also fair use should allow you to use any image as long as you give credit where credit is due? Right?

Sometimes for different project the asset images just don’t cut it. Often they’re not hi-res enough nor do the pop.

It’d be great if we could use the google time life photos. There’s some that are amazing.

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jonathan01 says

I have been told no. Fair use does not give us a right to use them – we have to have written permission by the copyright holder – attempting to get permission from EA or Sony et all re using copyright images in templates that are for sale will be an immediate “no” – I can assure you as I used to be in the video game market – which amazes me how someone can have permission to do this – but that is the case.

Using live images in a preview file was also discussed and xmdsys said that this should not be done – ( http://themeforest.net/forums/thread/use-of-image/13537?page=2 ), again I can see several that do this but we have officially been told no.

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