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Inspiring
August 31, 2021
Answered

Improper licensing of illegal use of video asset.

  • August 31, 2021
  • 3 replies
  • 807 views
  • Does Adobe pursue use or improper licensing of a contributors assets? A major New York News station is currently basing its entire graphics package for weather coverage of 2021 Hurricane events on this particular video assets. The asset in question has not been licensed in well over 12 weeks and if it is licensed, views of this asset have well exceeded 500,000 views. What is my recourse if asset was not legally or properly licensed for use by this organization?
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Correct answer MatHayward

Video assets are provided an Enhanced license which allows for unlimited views. 

 

https://stock.adobe.com/license-terms

 

Kind regards,

 

Mat Hayward 

3 replies

MatHayward
MatHaywardCorrect answer
Legend
September 2, 2021

Video assets are provided an Enhanced license which allows for unlimited views. 

 

https://stock.adobe.com/license-terms

 

Kind regards,

 

Mat Hayward 

Inspiring
September 2, 2021

So there is no standard license for video assets? / and a contributor can never make a higher than standard royalty?  That's ok with me if that's the terms - just seems like that would not be the case - that a license would contain some limitation of use at a certain number of views.

Abambo
Community Expert
Community Expert
September 2, 2021

If it is a video asset, you always make the highest royalty. You can't make a lower than enhanced licence royalty.

ABAMBO | Hard- and Software Engineer | Photographer
Legend
August 31, 2021

I'm not a lawyer, but I was looking at the terms and noticed this for enhanced video licenses: "Include the asset in email marketing, mobile advertising, or a broadcast or digital program if the expected number of viewers is fewer than 500,000"

One interpretation of this is that the limit is 500,000 viewers PER BROADCAST, not a total over time. Obviously you'd need a lawyer to tell you what their interpretation is.

Legend
August 31, 2021

Sorry to correct myself. The text comes from the standard license; it's the enhanced license which says "Reproduce the asset beyond the 500,000 copy/viewer restriction."

Abambo
Community Expert
Community Expert
August 31, 2021

Just a thought: They may well have acquired a enhanced license well ahead of this use!

 

See here for more information on how to report suspected improper use of your assets: https://helpx.adobe.com/stock/contributor/help/content-usage.html

 

 

ABAMBO | Hard- and Software Engineer | Photographer
Inspiring
August 31, 2021

Were an enhanced license a factor the royalty would have reflected it and it would have been labeled "custom" license in the activity report. The asset has sold three times with never an enhanced license.

 

I'm trying to get Adobe to state whether this company has ever licensed the asset. If not I can at least pursue it through an attorney. If they have then I can stick to protocol and let Adobe handle it. At this point after getting replies from Adobe, I get the impression they don't really care or pursue misuse or unlicensed use of contributor assets. Hope I am wrong.

Abambo
Community Expert
Community Expert
September 1, 2021

You're welcome to proceed as you like. Except for the links and pointing out to procedures, you can't get help from the forum in this matter. I'll move this to the stock contributor's forum, however.

ABAMBO | Hard- and Software Engineer | Photographer