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smudgethis says

I have removed all the videohive templates from my system… Sorry for my ignorance on this subject, I admit that I was wrong.

I contacted Envato the other day and got a clear response from them.

All templates currently on my website are for authors that have given me permission.

I also asked Envato if they were interested in using my video technology but I got no response, so… Feel free to join my website… Look for the affiliates link at the bottom of my page.

Thanks.

I assume only non-exclusive authors could sign up this…?

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KrazyKartoons says
After reading this thread so far, I have a suggestion to Envato:
Add a 3rd license option which is: “SOURCE” sell it for x100 than the Regular License and extend the rules about it so people will be able to sell many “SOURCE” rendered files and not only one time.
I Don’t think the “SOURCE” license should be allowed for selling the templates (so maybe “SOURCE” is not the best word to use, it’s just an example of course), But will allow you to sell a custom rendered file without buy it again and again like you need to do with Extended License. Also, it should be sell for at least the original price and not cheaper!

Buyer will have 3 options:
- Regular Licence [original price]
- Extended Licence [price x10]
- Source License (or whatever you want to name it) [price x100]

Just an idea…

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marcanti says

Now comes the question if exclusive Videohive authors can let me use their templates… Well, I read the exclusive author agreement, and my conclusion is that since I’m not selling the templates but a customized video based on the templates, I believe its a different product… An mp4 file is a totally different thing than a AE project file… Videohive sells templates, not video files… Do you agree?

Text from videohive extended license:

“Sell only items that are not sold elsewhere. Being an exclusive author simply means that any items you sell on an Envato Marketplace are unique to our libraries”.

“You are entitled to sell other items elsewhere, but not the same ones. This helps keep the marketplaces healthy and unique, and ensures buyers aren’t just browsing through items they could get anywhere.”

“You CANNOT sell the same items elsewhere.”

Well, buyers cannot buy video files based on their templates on Videohive or any other stock website… So, I’m convinced what I’m selling is a different product… Each customer that buys a video will have a product that is unique… A video file is a product different than a After Effect project file.

Anyone has some other views on this?

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felt_tips Moderator says

Now comes the question if exclusive Videohive authors can let me use their templates… Well, I read the exclusive author agreement, and my conclusion is that since I’m not selling the templates but a customized video based on the templates, I believe its a different product… An mp4 file is a totally different thing than a AE project file… Videohive sells templates, not video files… Do you agree?

Text from videohive extended license:

“Sell only items that are not sold elsewhere. Being an exclusive author simply means that any items you sell on an Envato Marketplace are unique to our libraries”.

“You are entitled to sell other items elsewhere, but not the same ones. This helps keep the marketplaces healthy and unique, and ensures buyers aren’t just browsing through items they could get anywhere.”

“You CANNOT sell the same items elsewhere.”

Well, buyers cannot buy video files based on their templates on Videohive or any other stock website… So, I’m convinced what I’m selling is a different product… Each customer that buys a video will have a product that is unique… A video file is a product different than a After Effect project file.

Anyone has some other views on this?

As with all rules, I’d be inclined to look at the spirit of the law, not the letter of it – and that includes the intent of the rule in the first place.

In this case, the intent is clear. Videohive wants unique products… if a user wants a file that looks like File X, then they have only one choice – Videohive. In your scenario, they have another choice too – your website.

In short: I think selling a template that’s exclusive to Videohive on your site (regardless that it’s the rendered product, not the project file) is in violation of the exclusivity rules. Just my opinion on the matter, of course. If you want hard facts, best get in touch with Support.

Incidentally, are you using After Effects as a back-end to your site?

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marcanti says

Yes, I use After Effects for rendering the videos, and my back-end is not just that, it’s also a distributed cloud system I developed from scratch in connection with my first startup called “Fatpaint”, so I do not have to use the expensive cloud providers such as Amazon S3 or Azure, which are 10 times more expensive to operate.

Regarding the exclusive “spirit”, you are probably right… Envato would surely oppose the use of exclusive templates with my video production service… Good thing is that there are plenty of talented authors that are not earning much on Videohive and they will have nothing to lose by joining my startup…

Lets be honest here… The market for AE templates is a small one, mostly only for video professionals and people with AE software… Only a handful of authors are selling a lot… A huge, untapped market is waiting out there… Lots of small business, website owners, artists and other people are not making use of Pro quality online video because of the high costs… I’m about to change that… All I need is a big partner to back me up… And more authors to sign-up, which they will, once the authors see who I have partnered with… But I will of course remember the authors that were first to join… I really appreciate the support I’m getting from a few of you guys…

After sending 150 emails to various big companies, 3 became interested (that’s how hard it is to get through these days)... The most interesting one that I started talking with, is a very well known company which is one of the leaders within the market of website hosting. They provide an online website creation platform to 23 million users, and they want me to make an app for their html editor so their users can produce videos… On the 15th, I will have a meeting with them… If I get this deal, that’s it… My technology will go mainstream and I expect the result of that would be that the authors would make much more than they are currently making selling templates to a few AE professionals… It’s better to have a 25% commission of 500 videos sold to websites and small businesses, than 70% of 100 templates sold to AE professionals.

Bottom line is, I want videos based on After Effects to be something that anyone can produce and afford around the world, meaning prices need to be affordable to people in Africa, Asia, India, Pakistan, etc… This can only happen when the creation process goes online, is easy and automated… Thats what I have built… Now I need a big partner to launch it with me and authors to join and provide some great templates… Thats what I’m working on now…

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felt_tips Moderator says

Did you manage to sort out a deal with Adobe in the end? Their end user licence agreement prevents the kind of use that you’re talking about, unless specifically sanctioned by them. (Section 2.1.7.2)

I’m sure they’d be happy to let you do it under a specific licence of some kind, but I expect they’d want some royalty per render.

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marcanti says

We tried contacting Adobe several times… We had them on the phone, we explained them that we are using AE in servers in an automated way, and after being forwarded to several departments and different people, this is the answer they gave us: “We do not have a server license but if it works then it’s probably ok”. Thats the answer we got… After that, we decided to continue business as usual and deal with Adobe later when we get bigger… Adobe will probably not bother us as long as we are small…

We are not the only ones that are using After Effects in servers… There are 2 other companies producing AE videos in an automated way, they are doing it differently than us though and for stupidly low prices:

videomated.com and flixpress.com

So, we are not the only ones, but we are the best and we are working on a model to include partners and authors…

One last thing… The part of the AE license we breach, has to do with the fact that it is not a human that is starting and stopping the AE software, so… If Adobe would not allow us to use AE in an automated way… We will hire cheap workers from Philipine to start and stop the AE software, but still use our system to customize templates… This would cause a delay of 2 to 3 seconds, but we would just rent servers that are 2 to 3 seconds faster, so the end-user would not notice that a real person is pushing buttons at the server… So, we have a plan B in case we will have problems with Adobe… What we really want is to have Adobe as a partner/investor… We tried contacting them several times regarding that but have not got any response.

So, authors, there is not much to worry about… Come and join us… Be part of something new with a lot of potential… Take a look at our Affiliate page at the bottom of our website… We are still “work in progress” but we would love to have you onboard now because when we go out to find partners, we like to have lots of nice stuff to show, Thanks…

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graphic4444 says

I was asking about those types of sites in another thread.

I’m a buyer who has spent thousands of $$ on AE templates, for my own business use, on my own personal websites.

It bothers me that my competitors could go to one of these “customizer” sites and not even buy the project or license it properly, and get a cheap video made without properly having paid the author for license of it. My understanding is that this is in violation of the license terms that templates are sold under.

Otherwise nobody would ever buy templates here, except “template customizer” sites, which would sell customized template video output for very low prices, which kills the business for envato and authors here.

From what I understand, a “template customizing” site needs to buy a new license and pass that cost along ($8-$25 or whatever) for each new customer, so the customer pays both the cost of the envato license (which gets paid jointly to envato plus the author, for their percentage) plus whatever the “customizer” site charges for their labor. Is that correct, envato?

If these templates aren’t licensed and paid for properly, PER usage according to the envato license, then your guys’ template business dies, as nobody will buy a $25 template if they can go to fiverr or one of these low-price customizer sites instead. Envato, you guys have to promptly send out DMCAs and stop this or you’ll see dozens of budget-priced “customizer” sites and everyone except them will stop buying templates.

The author will sell a few templates (to customizer-site buyers, only), and no more 10+ 40+ sales of templates. Authors you should be VERY concerned about this. Your business is about to die off unless this customizer-site trend is stopped immediately. There’s still time.

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felt_tips Moderator says

If Adobe would not allow us to use AE in an automated way… We will hire cheap workers from Philipine to start and stop the AE software, but still use our system to customize templates…

I still think you’re addressing the letter and not the spirit of the law. Actually, your workaround addresses only e. It looks to me that it’s b, c and d that are going to cause you the bigger problem.

2.1.7.2 For clarification and without limitation, the foregoing does not permit Customer to install or access (either directly or through commands, data, or instructions) the Software: (a) from or to a Computer not part of Customer’s Internal Network; (b) for enabling web hosted workgroups or web hosted services available to the public; (c) by any individual or entity to use, download, copy, or otherwise benefit from the functionality of the Software unless licensed to do so by Adobe; (d) as a component of a system, workflow or service accessible by more than the Permitted Number of users; or (e) for operations not initiated by an individual user (e.g., automated server processing).

I’ll watch with interest how it develops.

One thing I must ask is that you don’t use the forums to promote your site. You’re effectively a competitor and I’m technically obliged to shut this thread down. It’s a long and interesting thread, so I’ll leave it for the moment. But please don’t try to recruit Videohivers here. Thanks.

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EFEKT_Studio says

Can you answer what do you mean by this sentance: “Do what you want with the video (Make money reselling it). We will also host the video for you.”

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