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Susanne5F90
Participant
April 30, 2021
Answered

Clearifying licensing pictures (foto, graphics, vector)

  • April 30, 2021
  • 1 reply
  • 451 views

Hi there,

I have the following question:

I have a small media design agency designing for my customers flyers and print-mailings for single use (one print or one mailing = one-time-promotion-activity = 30.000 recipients max.).

A.

Is a standard license good for use of a picture in a print flyer layout (30.000 prints max) for a customer of mine?

B.

Will I have to re-license if I use the template for another customer (again: one-time-promotion-activity, with 30.000 recipients max.)?

C.

Could I use ONE EXTENDED LICENSE for pictures for ONE TEMPLATE applicable FOR SEVERAL CUSTOMERS, their prints being summed up to 500.000 recipients max?

Please clearify!

Thank you!

This topic has been closed for replies.
Correct answer Abambo

For licensing for a customer (the customer pays you, and you are making the asset available to him for his needs), please look here : https://community.adobe.com/t5/stock/transfer-license-to-a-client/td-p/11990240

 

For legal reasons, you won't hear from Adobe employees on this subject anything other than pointing to the licensing terms. My disclaimer is just a legal protection of me, as I'm not a lawyer, and I'm not formally trained in legal affairs. But I've written some pretty nice rules for my company, and I've interpreted (c)-law in those instructions. But just in case of, I've asked our IP counsel to look over those rules and to clear them. Normally, they change very little to those rules. I know from the law studies of my wife that sometimes there are precise legal terms meaning something very special to trained persons. 

 

It is also important for me to state that I'm not an Adobe employee, as sometimes people deduct from my status (Adobe Community Professional) that I am. This status is, however, purely honorary, even that it gives your answers on this forum  a certain weight.

The Adobe licence agreement, however, has been written to be interpreted by laymen/laywomen, and I think they did an excellent job with that. But yes, I understand that people have questions like yours, as they want to follow the rules.

 

This said: to your questions A and B: the limit for a print run is 500k, so with max of 30k, you can use the same asset for the same client multiple times. There is also nothing that rules out using the same asset on a flyer, a brochure and a website. You just need to stay under 500k in total for your print run (this includes digital "prints"). For different clients, however, you need to license again. Also for your use you need to licence again, if the asset fits one of your needs.

 

But to be more precise, even if you violate the terms and print 500k+1, there will be nobody acting for this if it is not a flagrant will fulling breach of the terms.

 

And for sure there are sometimes (former) contributors who will try to cash-in again with dirty tricks. You have a kind of legal protection via Adobe as a customer, but only if you do not breach the licensing rules.

1 reply

Abambo
Community Expert
AbamboCommunity Expert
Community Expert
April 30, 2021

Hi Susanne,

 

Short answer to your questions (the extended answer is written in the terms...):

A: Yes

B: Yes

C: No

 

It's all nicely written down in the licensing terms.

Look here for more information on licensing: https://community.adobe.com/t5/stock/links-for-licensing-terms/td-p/11366788
(Disclaimer: As always with licensing, this is my interpretation of the rules. I think they are correct and advice is based reading and interpreting the licence terms and on fair use for both the buyer and the artist/stock company, but I cannot rule out that my interpretation is wrong. I'm not an Adobe employee).

ABAMBO | Hard- and Software Engineer | Photographer
S
Susanne5F90Author
Participant
May 1, 2021

Thank you so much!

This was quick and clear!

I will use this interpretation from now on! It seems the most logic!

 

As you can see from my question and your disclaimer, unfortunately, it is written nicely but not clearly.

(The rules talk about extended licenses for templates, (which I produce) but as well about the possibility of licensing for a customer (what I do), who can use the standard license for his purposes. This is a contradiction and open for misunderstandings.) I'd wish, the rules would be clearified.

 

Anyway - thanks for such a quick reaction and so much exactitude! 

Abambo
Community Expert
AbamboCommunity ExpertCorrect answer
Community Expert
May 1, 2021

For licensing for a customer (the customer pays you, and you are making the asset available to him for his needs), please look here : https://community.adobe.com/t5/stock/transfer-license-to-a-client/td-p/11990240

 

For legal reasons, you won't hear from Adobe employees on this subject anything other than pointing to the licensing terms. My disclaimer is just a legal protection of me, as I'm not a lawyer, and I'm not formally trained in legal affairs. But I've written some pretty nice rules for my company, and I've interpreted (c)-law in those instructions. But just in case of, I've asked our IP counsel to look over those rules and to clear them. Normally, they change very little to those rules. I know from the law studies of my wife that sometimes there are precise legal terms meaning something very special to trained persons. 

 

It is also important for me to state that I'm not an Adobe employee, as sometimes people deduct from my status (Adobe Community Professional) that I am. This status is, however, purely honorary, even that it gives your answers on this forum  a certain weight.

The Adobe licence agreement, however, has been written to be interpreted by laymen/laywomen, and I think they did an excellent job with that. But yes, I understand that people have questions like yours, as they want to follow the rules.

 

This said: to your questions A and B: the limit for a print run is 500k, so with max of 30k, you can use the same asset for the same client multiple times. There is also nothing that rules out using the same asset on a flyer, a brochure and a website. You just need to stay under 500k in total for your print run (this includes digital "prints"). For different clients, however, you need to license again. Also for your use you need to licence again, if the asset fits one of your needs.

 

But to be more precise, even if you violate the terms and print 500k+1, there will be nobody acting for this if it is not a flagrant will fulling breach of the terms.

 

And for sure there are sometimes (former) contributors who will try to cash-in again with dirty tricks. You have a kind of legal protection via Adobe as a customer, but only if you do not breach the licensing rules.

ABAMBO | Hard- and Software Engineer | Photographer
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