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pixelentity says

Hey fellow authors.

We wish to include a video from a Videohive author as an integrated part of one of our theme/templates which will be sold on Themeforest. As far as we can see from the latest wording of Envato’s licences, we are permitted to do this, provided the following 2 conditions are satisfied:

1. The item is an integrated part of the theme/template (not just a freebie added into the pack). 2. We purchase an extended licence for the Video.

However we just wanted to float the topic here in case we are misunderstanding something. The Video item will not be included in the theme/template as an editable AE project, but just as a heavily compressed video file. What are your experiences in this kind of item use?

DOK

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EFEKT_Studio says

As far as I understand the licences, I think you shouldn’t have any problems :)

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doru says

I think you can do it but you need to:

sell the template exclusively on envato marketplace

get permission from the author of that file (important) – you can’t do it if the author doesn’t allow this.

do not incorporate the source files in your item (no bundle the after effects project file in your theme to be edited later)

the extended license allow use of an item in a stock item on envato marketplace only. the extended license doesn’t allow multiple use of the item

before purchasing the extended license contact support to clarify this with them and contact the author to get his permission.

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pixelentity says

I think you can do it but you need to: get permission from the author of that file (important) – you can’t do it if the author doesn’t allow this.

It is my understanding from the licences that you only need author permission if your intended use of this item falls under “Limited Re-Purposing”, which involves re-purposing the work alone as something similar to what its current use is, such as converting a psd into a template or theme. The case I describe above in the original post is not “Limited Re-Purposing” but simply “Resale” which is defined as “the Work is incorporated into a larger work you have created.” In the resale case you do not require author permission, because this permission is inherent to the author opting in for the extended licence.

DOK

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doru says

envato doesn’t have a license that allow use of stock items sold here to be incorporated in other stock items (here or other websites) except that repurpose case.

the extended license allow you to buy an item and incorporate it inside something that will be sold as multiple copies. think a 3D object used inside a game that will be sold to multiple users. a set of icons used in a software application that will be sold to multiple users and similar.

you need author permission because the author is the owner of the file.

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pixelentity says

Unfortunately that’s not true. Just check the knowledge base details, and they give lots of inter marketplace usage examples. Additionally I know for a fact that CodeCanyon sliders bought on extended licence are being used very regularly in Themeforest themes/templates and the author of the slider does not have to be informed, because this usage case is covered in the “resale” usage examples mentioned above. Some of these cases are as follows:

Using individual graphical elements as a piece of a larger project:

  1. A tiled background from GraphicRiver could be used as the background in a theme for sale.
  2. Button graphics from GraphicRiver could be used in a video player for sale.

Using an item as a small element of a larger project:

  1. A jQuery slider from CodeCanyon could be used in a theme for sale.
  2. A video player from ActiveDen could be used in a theme for sale.
  3. A 3d model from 3DOcean could be used in an After Effects project for sale.
  4. A sound effect from AudioJungle could be used in an After Effects project for sale.
  5. A 3d model from 3DOcean could be used as a rendered image for sale.
  6. A photo from PhotoDune could be used as an element of a flyer for sale.
  7. A plugin from CodeCanyon could be incorporated in a theme for sale as long as that plugin was an integral part of that theme’s design and functionality. You could not just include a bunch of uneccessary plugins to add value to the theme.

Reading this above list it would be pretty safe to assume that videohive videos are covered by the same resale rules also, despite not being mentioned explicitly, however I thought I would post here in the forums just in case the topic has come up a lot of times before.

DOK

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doru says

all the above are examples of use of items sold in stock projects on envato marketplaces.

exactly what I’m saying.

where I was not clear enough? what is not true?

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pixelentity says

Yes, but those are not limited re-purposing examples, which is what you said was the only available licence if you want to use items sold on the marketplaces in other items sold on the marketplaces.

envato doesn’t have a license that allow use of stock items sold here to be incorporated in other stock items (here or other websites) except that repurpose case.

This is why your statement was not true.

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