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Participant
October 14, 2024
Question

Terms of use for image and audio assets (URGENT - PLEASE READ)

  • October 14, 2024
  • 2 replies
  • 489 views

Hi there,

I’m asking urgently on behalf of my company for one of our projects for adobe stock assets to be used in a permanent exhibition. We have an existing teams account on Adobe. I've tried emailing and calling the local helpline and couldn't get anyone to respond, thus any assistance rendered would be greatly appreciated.

 

  • Image assets
    Firstly, we are using some image files (making modifications) as environmental graphics for a permanent exhibition. Will a standard license suffice for the intended usage?

 

  • Audio Assets
    We are also using some audio tracks that will serve as background tracks in videos that will be displayed in the gallery. The audio files are listed as "free with trial,”. Can we confirm if they are covered under the standard license? If so, does this license cover the intended usage?

 

These assets will be used for exhibition purposes, and will not be used for resale or merchandise.

 

  • Transfer Ownership
    In cases where we purchase the assets on behalf of the client, are we required to transfer ownership of the assets to the client once we handover the project to the client? If so, we would like know the steps involved in the transfer process?

 

  • Estimated Quotation before any purchase
    Lastly, are we able to generate a quotation for the assets we intended to use before any purchase (to estimate quotation for our client)?

    The assets have been approved in our past proposals with the client and we are at our final steps of procuring the assets for the final production. Thus, we urgently need these questions to be answered.
    Thank you.
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2 replies

Participant
October 15, 2024

Would appreciate if an Adobe employee respond to this. Thanks!

Abambo
Community Expert
Community Expert
October 15, 2024
quote

Would appreciate if an Adobe employee respond to this. Thanks!


By @Ru Yuan31991064hp34

Adobe employees do not respond to licensing questions other then pointing out the licensing terms. You will need to study those terms and decide for yourself, if the assets may be used in the intended manner with the intended licence. If you have trouble interpreting the license terms, I recommend to consult with a lawyer specialised in this matter. 

ABAMBO | Hard- and Software Engineer | Photographer
Abambo
Community Expert
Community Expert
October 14, 2024

Trial subscriptions are for pay subscriptions where the first month is free for the user and subsequent months get invoiced, if the trial does not get cancelled before the end of the trial month. So, assets bought via the trial subscription are the same as for pay assets (standard licence, enhanced licence, extended licence). 

 

A standard licence allows for any use, where the print run is less than 500k. For some uses there is a view of less then 500k imposed to be inline with the standard licence. If your permanent exposition stays under that 500k limit (most will do), you are fine with a standard licence for both, visuals and sound.

 

As for the "transfer of ownership", normally, agencies do transfer a licence to the finished product, that fits the intended use, and not to the assets that are used in the finished product. You can do your own licensing terms, as long as those are inline with the Adobe terms (as an example: you could time limit your work, even that the Adobe licence grants a perpetual use of the asset, but you cannot grant a licence for 1,000k views, if the Adobe limit is 500k views).

 

If you want to transfer the licence of the source assets to your final customer, you may do so as pointed out in the licensing terms. Your customer needs to agree to the Adobe terms, or to your own terms, that are at least as stringent as the Adobe terms.  There is no transfer of ownership with stock assets. You only acquire a licence to use the assets.

 

Quotation is up to you. Adobe does not hinder you to ask any price for the assets, as long as you respect the licence terms. Please note that your costs are higher then the actual fees you pay to Adobe, as you need to include the costs of asset research. Some providers do that as a separate price in their quote, some simply include that in their total quote. Quoting is between your client and you, Adobe has no say into that. You'll know that wil a 10-assets-per-month subscription, your cost per asset will be $3 if you use up all your available assets.

 

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 on 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
Participant
October 15, 2024

Hi there, thanks for your response. However, the viewership will be more than 500k for both the image and audio asset, although both are not presented individually. Does it mean that we have to purchase the extended and enhanced license?

I note that for audio, extended licences is only available to Enterprise customers. We have an Adobe for Enterprise account (see attached). Does it mean that we are Enterprise customers, or will it be better off if I look for the direct audio source(like Epidemic Sound) of the specific audio to purchase a seperate license instead?

Thank you!

Abambo
Community Expert
Community Expert
October 15, 2024

You need to check for yourself if the intended use is covered by the licence you intend to use. 

 

As for your second question, you will need an Enterprise stock subscription. Also, the licence that you get with an Enterprise account may be different than what you get with an individual or a Teams plan. You should not ask the community what subscription you have, but you should ask your company support. Also, Enterprise customers are normally not small entities. You should have legal counsel inside of the company. 

ABAMBO | Hard- and Software Engineer | Photographer