Can a 360 image bought in Adobe Stock be used as background for my own 3D animation?

[juvelez]

I bought a series of 360 space images to use them as background for a Nebulae realtime simulator I've developed.

Can I generate some videos from this simulations to sell them as Stock Videos on any Image/Video Stock?

Something like this:

[Moderator moved the thread to the correct forum]

[Abambo]

The general answer is no. A more specific answer would be: it depends on the licence you bought. You may need to consult a lawyer.

[juvelez]

Thanks a lot for the reply,

Ok, Even if the primary commercial subject would be the Nebulae simulation?

But, is it fine to use them as background for my musical videos like that sample?, where the commercial subject is the music not the visuals

[Abambo]

You need to check your licensing terms.  All depends on the terms that you agreed upon when you bought your images. And all depends on the terms of your contributor agreement.

[juvelez]

I've found somthing in the Adobe Stock Aditional Terms document, section 3.1, Part (B) Numeral (2) regarding to Standard Licenses:

"you may not incorporate a Work into merchandise intended for sale or distribution, including on-demand
products, UNLESS (a) the Work has been modified to the extent that the new work, as incorporated into such
merchandise, is not substantially similar to the Work and can qualify as an original work of authorship; or (b) the
primary value of such merchandise does not lie with the Work itself; "

I think my nebulae simulation modifies the asset enough to be considered a new work, for these reasons:

1. The asset is barely distinguishable as the background,
2. I am not using the entire image, the entire image is a 360 image, but the portion seen is just 120 to 180 degrees, never sees it full,
3. The result I pretend to publish on Stocks is a video of the nebulae simulation as the primary value, I am not selling the 360 image used as background(the asset), the video are not even 360

And on the other hand, regarding to the use on musical videos on Youtube (Considered as Social Media), I think it could be covered by this:

It would be very useful if Adobe complimented these documents with use cases and examples.

[Abambo]

It would be very useful if Adobe complimented these documents with use cases and examples.

By @juvelez

They won't do that. Users would always find the case that is not covered. 

You will need to decide on how the licensing terms are conclusively defined for your use. 

BTW: you did until now not say that you bought the licences on Adobe stock.

[juvelez]

BTW: you did until now not say that you bought the licences on Adobe stock.

you should read the title again: "Can a 360 image bought in Adobe Stock be used as background for my own 3D animation?"

I posted the original question first in Adobe Stock community forum, the moderator decided to move the thread to this forum, "the correct" one, I don't know why somebody will ask about stock licensing for a different stock store than Adobe Stock in the Adobe Stock forum. The moderator should move this thread back to the Adobe Stock forum, where the Adobe Stock licensing experts will certainly be.

[Abambo]

You're correct. I should have read the title more thoroughly. 

This is a contributor question. And btw the licencing experts are also active here.

Noone here can tell you that you can do it, or you can't do it. None of us is a lawyer and none of us is giving legal advise. I have a specific disclaimer to make sure the reader does understand this. 

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).

[George_F]

I agree with @Abambo on this one, too.  I think this is a question for you as a contributor opposed to you as a customer licensing assets.

In my experience, Customer Support will answer general questions, but not specific questions about "am I allowed to use this asset in this specific way" type of questions.  Legal matters are extremely nuisanced.  It is rare that even judges agree 100% on the law.

[Abambo]

The trouble with Adobe answering such questions is that any answer from an Adobe employee could be considered as a commitment from Adobe. Therefore are Adobe employees instructed to point you to the licensing terms and to ask you to consult with your lawyer for such questions.

[George_F]

I think the advice @Abambo has given is great advice.  The answer is probably probably no, that purchased stock assets cannot be used as a part of another stock asset being submitted for sale for Adobe Stock.  I've seen past posts about this with @MatHayward stating that a contributor must have the IP rights to all elements of an asset being submitted to Adobe Stock.

It's certainly possible there are exceptions to what we've seen posted here on the forums that we are unaware of, but I'm neither an Adobe employee or a lawyer so take my advice accordingly.

[juvelez]

Thanks a lot to all of you for your answers and good intentions, and I am very sorry for the confusion...

I am really both ;), license owner of several material purchased on Adobe Stock, and contributor as a Photographer and 3D Artist on several stock stores included Adobe. I am software developer too, and I've developed the mentioned nebulae simulator, primarily to create real time long space videos for my music that I publish in my Youtube channel, I am a musician too ;). and I really liked the results, so I am thinking to publish these videos on the stock stores where I am contributor, but I need to be sure I am not violating any copyrighted material.

So I wonder, where can this material be used then? the restrictions are so strict that the only thing I could do with those licenses is to say that I paid for them, it seems that can’t be used in anywhere or in anyway.

I want to be precise about the sample video I've shared, all you can see there is created in realtime by the nebulae simulator, except the almost not visible background that is one of the 360 images bought in Adobe Stock, because the simulator is realtime 3D the 360 images are used as skyboxes, used only to add some space context, everything else is generated in realtime.

[George_F]

I believe submitting these would be violating the Adobe Stock Contributor terms and conditions.  But if you want to be 100% sure, get the advice of someone qualified to interpret legal agreements.

You can read about the Contributor Terms of Use here: Contributor Terms of Use 

[Abambo]

General use for stock assets is in a project for a customer, not in a project for general resale. So you design an ad for your customer and use a stock asset to illustrate. Or you use a stock video to be included in an image video for a company. 

Your intention is to use the stock asset in a product you wan't to sell on a stock site. This may, or may not be covered by your license.

[Abambo]

After some reflection and given that the assets are not the main incentive to buy your asset, I think that you can do what you intended to do.

But you really have to consider that I'm not a lawyer, and my counsel is based solely on my reflections. To come to my conclusion, I took as an analogy a book cover, where the book is sold without an issue.