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jonathan01 says

When purchasing items from our Marketplaces, they are subject to the licence terms which state that you can not buy an item and then use it in another template. Aside from the licence issues, using real-world products in your item download on GraphicRiver are only allowed in the product mock-up category as per Exception #4 in the article and use in your item previews is under Exception #5 i.e. used to show compatibility or to demonstrate how your item works.

Hey Scott – thanks for the reply I look forward to the follow-up answer for the rest of my questions when you get clarification.

Your answer has confused me somehow or maybe I wasn’t clear on my original question – with regard to using assets purchased on GraphicRiver for my live preview display – I do not include the items in the download, but rather use them for their intended purpose which is I bought a license, used the image in my 1 and only live preview – file not distributed. Therefore isn’t that the regular license terms and something we are allowed to do – your answer made me think I now cannot do this – if that’s the case what will people use all those mockups for :)

Don’t get me wrong, I’m fully behind all these clarifications and proper use of properly licensed images – so here’s another for you, what if I create an iPhone (for example) image myself, graphically, like they do and sell on Graphic River, and simply give it away with my landing page / theme etc – as it’s mine, and my interpretation of a device that would surely get me out of the copyright loop here as long as the image isn’t an exact replica of say an iPhone.

Basically, I just want to be able to create specific landing pages for display and sale of applications and services that will show an image of the intended device for the application / service to work on – which as previously mentioned is allowed under Apple’s own terms and conditions (with specific rules). I just want a clear definition of how I can do this legally – that’s either Apples images, my own representations, or a graphic river item bought and displayed only in my live preview.

Thanks

Jonathan

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Australia says

@Jonathan “what if I create an iPhone (for example) image myself, graphically, like they do and sell on Graphic River, and simply give it away with my landing page / theme etc – as it’s mine, and my interpretation of a device that would surely get me out of the copyright loop here as long as the image isn’t an exact replica of say an iPhone.”

Isn’t that how Samsung got sued lol ?

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jonathan01 says

@Jonathan “what if I create an iPhone (for example) image myself, graphically, like they do and sell on Graphic River, and simply give it away with my landing page / theme etc – as it’s mine, and my interpretation of a device that would surely get me out of the copyright loop here as long as the image isn’t an exact replica of say an iPhone.” Isn’t that how Samsung got sued lol ?

hehe

but basically I think that’s my point, if you can create pixel perfect replicas of say an iPhone and sell it on Graphic River for single use, why can’t we use them – isn’t that the purpose. If it’s not allowed then surely they are not allowed to be sold on Graphic River – so confused right now :)

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josweb says


So what do we do if we want to use a slider showing devices that displays how the theme looks on them?! So is that that then showing compatibility and thus allowed?

Hi Jo!

You’re exactly right, this is permitted in the preview only because it demonstrates compatibility of the item with the real-world product as per Exception #5.
Still confused! So not on a slider for example on the actual template as part of the design?
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adiacone says

I have a suggestion for the fine folks at Envato, reagarding the photos in the Envato flickr feed: I know changing their licensing might not work, cause then “outsiders” might use it on commercial work, but I was wondering if authors might get a free pass at using them in theme previews for example.

The photos there only seem to get better and better and there are some really good candidates for a genuine agency / business type environment: places, people, closeups, etc. I use some on a local test site for an upcoming theme and they make it look pretty awesome!

More and more designers seem to be joining the “share my quality photos for free” movement and I intend to do the same soon. So… what do guy you think? :)

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scottwills Envato team says

I have a suggestion for the fine folks at Envato, reagarding the photos in the Envato flickr feed: I know changing their licensing might not work, cause then “outsiders” might use it on commercial work, but I was wondering if authors might get a free pass at using them in theme previews for example.

The photos there only seem to get better and better and there are some really good candidates for a genuine agency / business type environment: places, people, closeups, etc. I use some on a local test site for an upcoming theme and they make it look pretty awesome!

More and more designers seem to be joining the “share my quality photos for free” movement and I intend to do the same soon. So… what do guy you think? :)

Hi Rubiqube! Great idea and I’ll pass it along to the people who handle our Flickr account for sure. :)

That said, (a) let’s keep this thread on topic, please – it should only be used for questions pertaining to the IP/Trademark guidelines and (b) generally speaking, most if not all of authors would probably prefer to have total creative control over their items and I suspect they would prefer to continue to buy or obtain their own images for the design/style they would prefer to implement rather than utilize a set of photos that could end up being used by the same people over and over. As well as purchasing images from PhotoDune which is what a lot of authors like to do, there are also a lot of free online images resources that authors can utilize. Always carefully check and adhere to IP rights when using other people’s images of course and ask the creator of those resources if you’re not sure.

Again, still going to pass this along for you, nice idea, thank you! :)

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scottwills Envato team says

@Rubiqubel How about this for a nice, quick compromise? Josh Janssen who is our Content & Social Media Officer (who takes rather nice photos in and around Envato), has updated the Creative Commons License on his “Day in the Life of Collis” photographs so you can now use them in your themes! Enjoy! Now I’m guilty of posting off-topic. D’oh! :)

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gyo says

What about using images from websites like Asos, Versace, Hugo Boss etc…? This is obviously not allowed and I think such use penalizes authors who rely on free (or even purchased) images which just can’t compete with the higher amount and diversity “freely” found online.

Thanks for this discussion, it was very needed! :)

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chitic_florin says

As seen on Notes

We’re soft launching some clarifications in regards to using products and trademarks on the Marketplaces. We believe that these clarifications will help our community meet the IP obligations we have to not only one another, but also to other people’s intellectual property rights.

Please read through the Notes post and feel free to ask any questions you may have here.

We’re keen to hear what you think, and where appropriate we’ll refine our approach. You may think of some details when looking through the clarifications, and may want to share with us from your day-to-day creative activities on our Marketplaces. We’ll make sure we stop in to this thread daily to address any questions.
So i have one question now, if we use one mock-up for example free distributed on the internet we still have to make 20% changes before use it?
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scottwills Envato team says

If i make project for videohive. Can i use social icons in my project? For example one of the authors project: http://videohive.net/item/3d-social-icons-package/5915840?WT.ac=solid_search_item&WT.seg_1=solid_search_item&WT.z_author=CandyMustache

Hi Amberija! Yes, this kind of use/project IS permitted. See Exception #7 and note how the icons are appropriately integrated, in context, into the item’s design.

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