Does anyone know if the default sky replacements are Creative Commons for commercial use?

[robinfw]

I started trying out the sky replacement tool on a project (not attempting to be 'pure' photography though, don't worry!), just using one of the default, preloaded skies. But it actually turned out quite well and I'm wondering about actually using my creation for its intended commercial purpose.

So:

Does anyone know if the default skies are Creative Commons licenced, ie. free to use?

Thank you in advance!

[Conrad C]

I am not a lawyer, but this might be covered in the Adobe General Terms of Use under section 3.6 Content Files:

3.6 Content Files. “Content Files” means Adobe assets provided as part of the Services and Software. Unless documentation or specific licenses (including but not limited to Additional Terms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.

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In other words, it looks like you are probably allowed to use the sample sky images in your projects in the same way you can use the patterns, vector shapes, fonts, and other content that come with the Creative Cloud subscription. The specific legal form that the default sky images seem to take is that Adobe is the “sole owner” (section 3.2), but you get to use them because they are licensed for use by Creative Cloud subscribers as described in section 3.6.

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@robinfw wrote:

Does anyone know if the default skies are Creative Commons licenced, ie. free to use?

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Just a side note, there are many forms of “free to use” and they are not all Creative Commons. At least in the United States, there is also “public domain” with its own strict definition. Even within Creative Commons, the different CC licenses state whether “free to use” means allowing or restricting adaptation, requiring or not requiring attribution (giving visible credit), for commercial or non-commercial use. So even if something has a Creative Commons license, you have to be clear about which CC license it is before you understand how you can use it.

If you were to talk to a lawyer you would ask questions like: “Do I get to use these without additional charge, with modification, for commercial use, and without attribution?” For the default sky images the answers are probably yes based on the wording in section 3.6, but again I don’t have the legal training to say definitively.

[robinfw]

Hi Conrad; that's really helpful and I'll take a look at the document. Thank you!

[@mj]

Hi @robinfw ,

This is a really good question.

@Conrad C's response is great, but when it comes to legal, it's better to be safe.

Will try and get a response from Adobe.

Best

mj

Mohammed Jogie | Morning Star Design | BA CUA |

Adobe ACA | ACE | ACI | ACP | CA | UGM |

MISTD | Ico-D | IxDA | PADI | C&G |

[robinfw]

Hi @mj 

Yes, if you can do that it'd be great to clear this up.

Thanks; let me know how you get on!

Robin

[@mj]

Hi @robinfw ,

Here's what we have from Adobe. The person managing this process is not able to respond directly as she's dealing with an emergency. So she asked me to give everyone a heads up. Apologies from her for not being able to repond directly as well.  

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What I have learned is that the sky images are royalty-free.

Sky Presets may be used in commercial work just like stock images and shapes/brushes. You just are not allowed to bundle and resell them.

This is per @Conrad C's excellent response.

I also have this as reference (this may be the same or similar to a response on the post already).

https://www.adobe.com/legal/terms.html

3.6 Content Files. “Content Files” means Adobe assets provided as part of the Services and Software. Unless documentation or specific licenses (including but not limited to Additional Terms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.

hth

mj

Mohammed Jogie | Morning Star Design | BA CUA |

Adobe ACA | ACE | ACI | ACP | CA | UGM |

MISTD | Ico-D | IxDA | PADI | C&G |

[robinfw]

That's brilliant, thanks both @mj and @Conrad C and your source managing the process!