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felt_tips Volunteer moderator says

@Marcanti

Here is the text from the Extended licensing thread (this was current when the extended licensing changed). The post is from Lance Snider. He’s in charge of Envato licensing. I brought up a hypothetical situation that’s pretty similar to what you’re doing and Lance stated categorically that it is not allowed under the “limited repurposing rules”. I don’t know how much clearer it can be.

I’ll ask Lance to drop by this thread and leave a response, so we can hear it from the horse’s mouth. The licensing changes so often, that I’m prepared to be found wrong. (That’s part of the problem and why it’s so confusing). But as far as I understand it, and as far as it was put to me then, the licence specifically doesn’t allow this kind of thing. If it does, I’ll be opting out straightaway.

Text of the thread is quoted below, or you can read it in context here



Hi Lance,

I’ve read the articles and I’d just like to clarify a couple of specifics – as a Videohive author.

First example. If I have an After Effects project file that’s selling well that uses an Audio Jungle track, I could boost the value of that file by buying an extended licence for the music track and selling it bundled with the After Effects project. The project is suddenly $10 better value, it would only take 4 extra sales to make back the cost of the Extended Licence. That’s a no-brainer. (from a practical point of view).

Yes, you’d be allowed to include the track as part of your AE project. Yes, that would increase the projects value, but remember, that track could ONLY be used in that project. It couldn’t be extracted and used elsewhere.
A sound effect is used exactly like this in one of the specific examples mentioned in the articles, so I guess it’s allowed. The music is not technically “incorporated” into the project, however. It is simply a linked asset and needs to be included “as is” as part of the download – a standalone if you like. It doesn’t need to be extracted or anything clever like that. It’s more like a bundle.
Though physically the buyer would have access to it, it could not be used on its own.
If this is all allowed and if I do this (I’m not sure I necessarily want to, but hypothetically) do I have to credit the author or could I sell it as my own work? (I always would credit the author, but I’m interested to learn how far this can go)
Everyone loves a shout out, but no, if you purchase the EL, you don’t need to give credit.

For myself, I like the idea of buying an Extended Licence for an AJ track and bundling it with my project download. It’s beneficial to me. But I have a nagging doubt at the back of my mind about whether this is morally right.

Second example. Someone buys a Videohive project from me… It’s a logo sting After Effects project. They import this project into another “bigger” After Effects project and sell it on Videohive. How about that? And let’s even take this example further: Let’s say I have a project that I made that has placeholders / text etc. and I have another, aesthetically similar logo sting project… in fact, just for the sake of argument, let’s assume I’m also an Audio Jungle author and that I have a completely separate item on AJ, which is a music track. Can someone buy an extended licence for my placeholder project, my logo project, my audio track, bolt them together in 10 minutes and sell it as a bigger project? Or is the crucial point that the format has to change… an After Effects project cannot be used in another After Effects project. If someone does do the above, then if I later choose to bolt my own items together into the same bigger project, do I run the risk of having it rejected, because it’s too similar to an already existent item?

No, definitely not. Taking it from one AE project to a different AE project is an example of limited re-purposing. Most of the changes we made were to prevent things like your example from happening.
My problem is that I often work out quite complex code for automating procedures in my projects. This is hard work. I want to be able to sell extended, so my work can be used on DVD releases etc. but I’d rather people didn’t just buy my projects, change the music track, colors, typeface and feel that they can legitimately sell it as their own. I would also object to projects being dismantled and asset (whether code, animations, designs) being broken out and used in other template projects. Once again, it feels that there are a lot of grey areas and that the licence is potentially legitimising something that doesn’t feel right. It’s open to abuse.

Neither of the examples you just mentioned would be allowed. Again, we want to give the buyers flexibility, but not at the expense of the authors. If you read the license, you’ll see that it specifically prohibits breaking out pieces of a file to use in another file. For example, you couldn’t buy an HTML theme and sell the button graphics on GR.

I hope that helps. Let me know if you have any other questions.
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Creative-Medias says

Even if you are not reselling our projects, what you do Mario is unfair against us authors, unfair against Envato marketplace, unfair against Adobe, and maybe unfair about Videocopilot, Trapcode products because the buyers don’t have to possess license to use templates.

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5p1r17 says

YES .. The video is the MP4 video file… The user DO NOT HAVE access to the templates… The user can only download the MP4 video file produced by my video software…

You’re buying Extended licence everytime you have an order on video editing service?

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marcanti says

I have created a video production/mixing software and according to the text from video hive extended license, I can use the WORK (templates or audio files) in my software:

From extended license text:

“For example: you may incorporate the Work, such as a music file, in a sound mixing software program that you or your client distributes commercially. An unlimited number of copies of the software program may be made and sold but the Work cannot be incorporated in more than one software program or other work.”

So I let people use my video mixing software and I charge per video rendered.

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sonorafilms says

The simple solution would be to buy a standard license for each customization and charge your $10 fee on top of the template’s price, that way you’d still have a very competitive service and no legal issues. The extended license is single use only so you definitely can’t use the same template over and over for different clients. Anyway, I think you have a great service and hope you can sort all the legal issues.

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marcanti says

Message to Videohive:

I would love for us to work together on offering your users access to my online video software.

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EnchantedStudios says

Hi Marcanti,

There have been a number of comments tonight on the VideoHive forum regarding his situation, I do apologize for this ‘outing’ of issues regarding the templates (my initial thread was simply to enquire about Extended Licenses), but each have raised their own concerns.

The governing factor with the copyright of these templates is the CONTENT , which is the INTELLECTUAL PROPERTY of the copyright owner (ie. the producer). It’s here that the licensing becomes more of a legal matter. The producers of these templates own the copyright for the way these templates look and have had to create their own illustrations, images and animation style to make their work individual. You are purchasing a license to use this creativity and would not ordinarily be for resale without the author’s permission.

This isn’t about selling files but selling ideas, most of which take a great deal of time to create and produce to get to the point of resale. All of the authors on here will be taking the subject of third-party resale, of their creative work, very seriously – due to the time factors involved.

I believe, when setting up your site, you would have received a great deal of enthusiasm from the community if you’d have got the authors on board first.

I can only suggest that you deal with each template that you are selling individually with the copyright owner, to reach an agreement of resale.

Everyone agrees that what you have is a great system, it’s now just a case of working together.

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felt_tips Volunteer moderator says

Message to Videohive: I would love for us to work together on offering your users access to my online video software.

Now you’re talking! If you could make this official, you could earn big time.

I think that if you’re accessing After Effects to render this stuff via a middleman script, you might need to be a bit careful with Adobe licencing too.

It looks like you’ve put a lot of thought and work into it though. The idea deserves to do well if you go about it properly.

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marcanti says

Thanks…

My lawyer is currently reviewing the license terms and we are also starting talks with Adobe to make sure we don’t have a problem with them.

I will have no problem removing the 3 videohive templates from my video software… I have purchased 300 templates from other place where their terms are like this:

“XXX grants Licensee a non-exclusive worldwide perpetual right to use, display, modify, publish and create Works for Distribution incorporating Licensed Content in any and all media an unlimited number of times. Beyond the initial license fee, Licensee need make no additional payments to XXX for the use of Licensed Content.”

Many of the templates sold on videohive are also sold there, and as you read, I can make unlimitted amounts of “Work for distribution”, in other words, unlimitted amounts of rendered mp4 videos.

As with many innovative online services, there are some legal issues to resolve, and to my best understanding I’m following the extended license terms of videohive and the other place… Now its up to my lawyer and negotiations… But I’m sure things will turn out great…

End of the day, If I cannot use any of your templates, I will just hire my own freelancers in India to just make templates and I would not have to pay the designers each time I sell a video… I could also make possible for you guys to put your templates on my video software and give you guys a cut…

My business model is to offer my online video software to all companies that are interested in using it… Including videohive… I will write to videohive soon… If anyone from Videohive is reading, send me a mail so we can talking about a partnership…

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Creative-Medias says

End of the day, If I cannot use any of your templates, I will just hire my own freelancers in India to just make templates and I would not have to pay the designers each time I sell a video… I could also make possible for you guys to put your templates on my video software and give you guys a cut…

Most of videohive authors are in exclusive terms with envato, the only cut you can have is to purchase a copy each time you sell projects. For the none-exclusive authors (like the few projects of CreativeLabs you offer) I think this is a good solution.

Anyway Envato (and the other market places) have to adapt the license terms quickly because if this is allowed in 6 month there will be tens of similar website… and that is the beginning of the end for authors because they will have a drop of sales.

I already think about how to make my templates impossible to use in his software, it’s easy. If you authors are interested we should create a group and see what we can do on our side to protect our interests.

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