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red01 says

So I need a little help as its all a bit vague.

Basically I want to buy a psd template or html template with and extended licence, create a wordpress or durpal theme and then sell it. (I know I cant resell on themeforest).

This seems to be ok according to the extended licensee terms (quoted below) as long as I dont distribute the orignal html or psd.

“You may incorporate the Work in a work which is created for Resale by you or your client (provided that only the complete work is offered for sale and the terms of sale.”

Can someone please confirm this.

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red01 says

Anyone?

This seems to be a really grey area.

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girlscancode says

From what I know, you can not resell the item on TF, even if you don’t distribute the psd. But maybe someone in the staff can tell you more about this!

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red01 says

From what I know, you can not resell the item on TF, even if you don’t distribute the psd. But maybe someone in the staff can tell you more about this!

Yea I got that about the no selling on TF. I dont want to sell here. :)

To me the analogy is like plans. If I buy a set of plans I can then build and sell houses with those plans. The person who drew the plans dosent own the house once it is built.

From ENVATO

“You may incorporate the Work in a work which is created for Resale by you or your client (provided that only the complete work is offered for sale and the terms of sale.”

So if i build the html, css, js, and php. The product of this process is the “work which is created for Resale” is it not.

I just want to be really clear as I dont want to stand on peoples toes.

Staff, Some solid direction here would really helpful for everyone.

This is such an undefined mess that can be interpreted many ways.

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beowulf says

The terms are actually very clear to me:

Items purchased under a regular or extended license may NOT be redistributed or resold “as-is” or as part of any other collection of image resources or files.

The part where it says that it can’t be resold as part of any other collection of images resources or files is the key.

So no, you can’t buy a PSD (or any other template, theme, etc.) and resell it anywhere on the internet. The graphics are the property of the creator no matter what way you look at it. You can’t resell their work regardless of how you code it without their consent.

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Orbital_Themes says

Well, the licensing terms are one hell of a mess and they’re really hard to understand.

You have to use some common sense – usually authors that release PSD templates release them to see if they are popular, and then make the decision to code them to HTML /WordPress. Now if you code their design and release it somewhere else there will be two identical products on both marketplaces, and that means you will step on someone toes. If you are able to code the design before the original author – the author is pretty much screwed.

There is also this second type of authors – designers who cannot code, at all. In this situation it’s best to ask the author what are his/hers intentions. You can then get the author’s permission to code the design and sell it somewhere else or to collab with the designer and even sell it here on TF (this would be your best option since TF has the largest traffic of all open marketplaces).

Back to licensing terms – as far as I understand it, you can use the item purchased within Extended License in your work for resale given that the item will play a role of asset in your work. It’s hard to call whole theme design an ‘asset’. Good example of asset would be an image slider from CodeCanyon, or CSS3 buttons etc. It all comes down to the magnitude of your work and to what you can call an asset. This is how I understand this.

Seriously, the best option here is to directly ask the author, you can even make some great deal out of it. Cheers!

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Monkify says

I would suggest teaming up with a designer if you’re a developer wanting to work on selling themes. You’re always free to ask the author of the PSD file to convert it into a WP theme and give the author a percentage of profit.

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red01 says

Thanks pogoking, beowulf and Monkify

I think I’m just going straight to the authors and negotiate directly.

Unfortunately for envato they are missing out on me spending lots of $$ with them, just because they can’t get the licensing language right.

Needs to be cleared up.

Thanks guys

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