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викторз14878521
викторз14878521
Participating Frequently
August 12, 2017
Resuelto

Evermotion ready-made 3d scenes rendering for sale on Fotolia and Adobe Stock

  • August 12, 2017
  • 2 respuestas
  • 3187 visualizaciones

Hi!

I noticed that the contributor DigitalGenetics ( Search photos by DigitalGenetics , DigitalGenetics photos, images, assets | Adobe Stock )   sells the renderers of the Evermotion  ready-made 3d sceneswith almost no change.

Is this acceptable from the point of view of the Adobe Stock?

If so, can anyone buy these scenes and make almost the same pictures? Is it ok?

I think this will create a huge number of identical images from different authors.

for example:

Este tema ha sido cerrado para respuestas.
Mejor respuesta de MatHayward

MatHayward​?


Per Evermotion’s  EULA , the image was sufficiently modified with several changed objects by the Adobe Stock contributor. From Evermotion’s EULA:

9. The Licensee which bought the Evermotion Products shall not sell single renders, unchanged models on a homogeneous background. Licensee may sell renders only if they are part of the design. The renders of single models of plants, people and vehicles shall not be sold even in the changed form.

2 respuestas

jorge juanp55721914
jorge juanp55721914
Participating Frequently
August 16, 2017

In the forum of Evermotion someone asked if they could sell renders in microstock in which they appeared scenes or models of evermotion and someone of the staff responded that yes, that there was no problem.

In case I asked directly to Adobe Stock / Fotolia, and they answered me that their terms and conditions indicate that the contributors must be the copyright owners of all the components of the content that they send them. For they it is impossible to know when some component may have been created by a third party, so they usually go unnoticed, unless it is too obvious. However, if there is any legal problem, the contributor is solely responsible.

For this reason, they do not recommend using objects or components created by third parties, even if they allow their use commercially, as this does not transpose the copyright.

TheGerFoG
TheGerFoG
Participating Frequently
August 16, 2017

This is not correct: the terms say, that you have to own all rights to publish the asset. There is nowhere a statement about the copy right. So therefore you can use models and scenes for your renderings, if you have a commercial license.

The support gave often contradicting answers in the past in that matter.

jorge juanp55721914
jorge juanp55721914
Participating Frequently
August 17, 2017

It is possible that there is a legal void, but this can lead to for example several contributors having the same renders on sale.

Also, maybe using some elements, furniture or environments may be allowed by evermotion, but they use some protected elements like the MACOSX interface and application logos, such as in this image:

"3d modern office interior render" Stock photo and royalty-free images on Fotolia.com - Pic 158900565

Or the photo with the background buildings in this one:

"3d modern office interior render" Stock photo and royalty-free images on Fotolia.com - Pic 159078606

Maybe there is no problem in using some elements, but rendering practically unchanged seems risky, I do not think that Shutterstock or Fotolia allow it, another thing is that they do not realize.

It is a complex matter, i think.

v.poth
v.poth
Inspiring
August 13, 2017

Good question...

Out of the: "LICENCE AGREEMENT FOR EVERMOTION PRODUCTS

ENTREPRENEUR AND CONSUMER LICENCE" https://evermotion.org/shop/page/5/eula

§2 Subject of the Agreement

1. This Agreement does not convey to Licensee any intellectual property rights or copyrights.

3. The subject of this Agreement is granting to the Licensee the right to use the Evermotion Products for commercial and private purposes, in the area of the whole world excluding their further resell, giving, sharing whether for remuneration or not, sublicense, distribute or multiply.

4. This Agreement constitutes the basis for granting the licence for the Evermotion Products and not for the sale of the Evermotion Product as such.

5. The Licensee obtains personal, revocable, non-exclusive, non-transferable Licence for selected Evermotion Products, save for the terms and conditions of this Agreement.

I´m not an expert in this, I don´t make renderings, but for myself, it sound´s like that it is not allowed to resell those products from Evermotion .

But I think the only correct answer could be given by the specialists from Fotolia/Adobe Stock...

викторз14878521
викторз14878521Autor
Participating Frequently
August 14, 2017

Yes, this is a complex copyright issue.

But, in any case, another question arises. Is it permissible to use the authors of rendered scenes from an EVERMOTION or similar? They can be purchased by any person and he simply clicks the "render" button.

It seems to me that the author of the idea and the composition in this case is EVERMOTION. But not the Fotolia/Adobe Stock contributer. Perhaps , such images should not be accepted.

But I also think, the only correct answer could be given by the specialists from Fotolia/Adobe Stock.

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