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marcfolio says

I’m coming over as an author from ActiveDen, and I’ve noticed that many of the previews on themeforest contain images of people, artists, etc… Basically it looks like anything goes. With files I’ve uploaded to activeden anything with a smile on it gets rejected unless you have a model release form. Even pictures I took of my family and friends. So as I prep my first TF file what’s the rules? Can I add any old image to my preview? I just hate to get rejected so any advice on what goes would be awesome!

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Reintroduce says

hi if i were you i would just read the rules posted on TF.net, do the test and stick to following the rules, regardless of what others do… and trust me, we have all gotten files rejected or soft-rejected… you can always revamp the file in question and resubmit. Best of luck to you! I had the same questions just about a week or two ago!

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amberturner says

If you are using people, you can use stock files from sources like stock exchange photos. You can also use any image in the ThemeForest asset library as well. Depending on what you are doing, you can also take screenshots of any of the Envato sites and use them as well. Remember though that when you send the actual files for approval (not the previews) that there should be no images (such as in the portfolio section) that the buyer could claim as theirs. Images such as backgrounds, icons, etc are expected, but such images for portfolios and such should be removed.

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Reintroduce says

good point amberturner, totally forgot about that. i even remove the icons from files if i did not create them myself specifically for the file or if they are not royalty free. a link to the icons do just fine.

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marcfolio says

Take the example of these themes:

http://themeforest.net/item/london-creative-portfolio-blog-wp-theme/70613

http://themeforest.net/item/modern-business-3-dark-xhtmlcss/full_screen_preview/59641

http://themeforest.net/item/wpa-storefront-the-ultimate-wpecommerce-theme/61891

tons of great photography with clearly visible faces. i doubt the authors have the model releases for the Dave’s Mathew band.

With other files I’ve authored I feel like the images that are part of the examples really help sell the file and show off the features.

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MDNW says

Yep – I’ve noticed a lot of open ended image use as well – lots of images from Creattica keep cropping up as well, even though that’s been strictly a no-no in the past (I tried to exploit the loophole that those images are part of the Envato network as a test-case and got shot down). In lots of cases authors are using the proper Flickr Creative Commons licenses (where you can use any images so long as you attribute the author), but I’ve also flagged a couple that were in violation. Just flag templates that you are concerned about – it might sound like a lame thing to do – but it ultimately prevents a lawsuit or a DCMA in a lot of cases.

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DDStudios says

I think that as long as it’s just in the live preview it’s ok. I never incorporate these image in the mainfiles of the theme.

I think it’s like when you go buy a TV .. there is some BluRay movie playing on them to show what it look like but if you buy the TV , they won’t give you the movie you know ?

Do they have to pay to show some stuff on the TV ? I don’t think so.

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marcfolio says
I think that as long as it’s just in the live preview it’s ok. I never incorporate these image in the mainfiles of the theme.

I think it’s like when you go buy a TV .. there is some BluRay movie playing on them to show what it look like but if you buy the TV , they won’t give you the movie you know ?

Do they have to pay to show some stuff on the TV ? I don’t think so.

And they’re not buying the Bluray content either.

I much rather look at a preview with something there other than stock images offered here. It often helps visualize what a file/ site will look like in the end.

Thanks everyone for the input.

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fuelthemes says

Do you know if the author included those files with the download?

If not, the preview site is owned by the author, not envato..

I can be criminal in real life, but envato cant disable my file because of that can they?

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DDStudios says
Do you know if the author included those files with the download?

If not, the preview site is owned by the author, not envato..

I can be criminal in real life, but envato cant disable my file because of that can they?

I don’t include them in the main files , anyway .. what would be the purpose ? The buyers will want to use his own image anyway.

It’s not like if I use a background image I took somewhere and doesn’t include it in the main files saying you have to download it yourself .. that would be stupid.

The image I use are always portfolio image anyway , nothing that is part of the design even if it make it more beautiful than using some envato assets.

As long as it doesn’t add value to the file .. I think it’s totally fine.

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