I have read the theme submission guidelines in regards to copyrighted imagery. However looking at some of the top themes on ThemeForest I don’t think this rule is being strictly enforced, and I would like to get a discussion going on what is acceptable and what is not, hopefully Envato can chime in and give some guidance.
Note: I am only talking about images for the Demo version of a Theme not the imagery used on a purchased/downloaded theme.
One theme [name removed] that uses copyrighted imagery was recently released with the
This theme is using imagery from [name removed]
Uses copyrighted imagery from [names removed]
And this is just a small sample of the many Premium themes using copyrighted images, I have seen others using images from Victoria Secrets.
So I am confused. Is this allowed or not, how are these themes getting the OK from Envato and passing Theme Submission? I sincerely doubt these theme authors have a License to showcase work from Victoria Secrets, Asos, Nordstrom ect. Personally I think its fine and a wash, good for the theme author for professional photography (eye candy) and free advertising for these companies on a main internet hub for the world such as Themeforest.
I would just like some clarification.
Calling out specific items and authors on the forum is against the forum rules.
You can use images in your preview as long as their license allows you to do so, this means you either paid for a license to use them or have the owner’s approval.
Usually the authors include the sources for the preview images on the item’s page, at the bottom.
My apologizes I don’t want to hurt another author, but that answer is a dodge.
I have looked at the Theme descriptions and for the ones I mentioned there is no attribution listed for the images, as well as tons of other Premium Themes, no attribution. And like I made clear these images are not coming from istockphoto or another stock photography site, they are coming from major retailers like Victoria Secrets, Nordstrom ect.
Are you saying that these authors are contacting these company’s and are getting a license to use them, seems that would cost a fortune why not just use istockphoto or Getty, which are expensive in their own right but I am sure much less.
If we choose to take the risk of using images that are not licensed what is Envato’s stance. Will they pass Theme Submission because the theme and images live on our servers, because it seems like the answer is yes.
Hi thrasherstudios77, thank you so much for the valuable feedback, it’s certainly welcomed and highly valued. Please take a moment to read this recent article regarding Intellectual Property Resources.
Bear in mind that we also have a dedicated Copyright & Intellectual Property section available in our Knowledgebase for extended troubleshooting.
Among the many informative articles:
Can I use unlicensed (watermarked or otherwise) content from other sites in my item previews?
No. You cannot use unlicensed assets. Almost all stock services and any assets sourced from search engines do not give you the right to use any file even if you leave the watermark in (and Envato does not allow watermarks from others in marketplace previews).. . read more
Furthermore, if you feel there has been a breach/abuse of intellectual property within our marketplaces, we politely ask that any/all copyright infringement related issues be reported directly to Envato Support.
Should you have any doubts, or need any additional clarification or guidance, support staff will be happy to assist. Your patience and understanding are highly appreciated in this matter.
Once again, thank you for the feedback, and for taking the time to not only protect the well-being of the marketplaces, but to ensure that we are free from such infringements, and proactively comply with any and all intellectual property regulations/concerns.