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Book Cover issue

Community Beginner ,
Nov 11, 2019 Nov 11, 2019

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Hi,

 

this has already been discussed before, but as a graphic designer I really need some confirmation.

1/ Does this:

"Use of Stock images on book or e-book covers is allowed if the print run is fewer than 500,000 copies (Adobe Stock limit)."(https://helpx.adobe.com/lt/stock/kb/adobe-stock-known-issues.html)

mean, that a Standard License is fine for book cover designs?

 

Looking forward to hearing from you!

All best

Anna

 

TOPICS
Licensing, Terms of use

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Adobe Community Professional ,
Nov 12, 2019 Nov 12, 2019

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Hi Anna,

 

Short answer: yes!

 

Longer answer: You can use the standard license as long as the main reason for buying the book is not the cover picture. Normally that's not the case. But you may need to properly credit the cover.

ABAMBO | Hard- and Software Engineer | Photographer

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Community Beginner ,
Nov 12, 2019 Nov 12, 2019

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Dear Abambo,

 

thank you very much for replying. Is it ok if I ask some further questions. I would really appreciate your help!  I don't think at all a cover is a reason to buy a book that is why I would normally choose the Standard License. But the Terms of Standard License are sooo confusing and I really don't know which type of usage this is: promotion / decoration? 

Also: I would always use several images and manipulate them into a new design, instead simply using Adobe Works 1:1 on book covers. This seems to be fine with the license, right?

Does that change anything if I am preparing the book cover design for my clients and invoice them?

 

All best,

Anna

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Adobe Community Professional ,
Nov 12, 2019 Nov 12, 2019

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If you take an image and you put it on the cover only slightly modified could be considered as next to editorial use.

If you take several assets and merge them in a way that the result is a new artwork then you do not need to credit or you can take the credit (just to get your name in the book). 

 

It is ok if you license the images, work them and invoice your client for the work. It's up to you how you get your client to follow the Adobe license agreement, but if I understand you correctly, the work will anyhow be a new one and can be considered a creation on its own. 

 

I personally would consider the source of my images as my trade secret, except if the client explicitly selects this or that image on an own research. Your added value is then the transformation into a fancy cover. If the image source is not revealed to the client (or you generically say that you use stock images), your added value will be selecting the correct images and building a new fancy image. I've seen some great work with stock where you do not recognize the original artwork anymore.


You need a license per client if you use the same image again for a different client, but as long as the client does not exceed the 500k run, you could do a second cover with the same initial images for the same customer. 

ABAMBO | Hard- and Software Engineer | Photographer

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Community Beginner ,
Nov 12, 2019 Nov 12, 2019

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Dear Abambo,

 

thank you once more for your fantastic support. One more question, if I may!

About the trade secrets and the source of images. The idea of trade secret is very tempting, however the Adobe Stock license says that if I use a Work (meaning original image bought from Adobe) for a client I need to transfer the license to the client in writing (we should have an agreement on the license transfer with my client). Are you sure I can avoid transferring the license if my design is a creation on its own?

 

Warm hugs and thank you!

Anna

 

 

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Adobe Community Professional ,
Nov 12, 2019 Nov 12, 2019

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Hi Anna,

 

You have different possibilities to "transfer" licenses:

  • You license the imge for the client and transfer it to the client. And you attach to the transfer the terms and conditions and the customer agrees to be bound by those conditions.
  • You license the image for the client and transfer it to the client. You attach to the transfer your terms and conditions that are at least as stringent as Adobe's.
  • You license an image or more (even in case of: using different sources...), mix them up to a new artwork and transfer that artwork to your client. That artwork may or may not be considered as a new work and the limits are not clear and may depend on a lot of complex considerations. The secure way to look at this is to consider the artwork to be bound to license conditions similar to those of Adobe's and to consider you to be bound to Adobe's (or any providers) conditions for each single "part" of your Artwork that is left over from the original one. This can become quite complex at some point. But there is no obligation for you to name your sources. 

You should always have a written contract with your client with the corresponding license agreement prior to starting the work.

 

It's difficult to do more than general advice on such cases. You do not need to hand over any data. You only need to get your client to be bound by license terms as stringent as Adobe's. And you can't use the same stock asset for different clients without taking a new license. That is what "transfering the license" means. 

ABAMBO | Hard- and Software Engineer | Photographer

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Community Beginner ,
Nov 12, 2019 Nov 12, 2019

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Dear Abambo,

 

thank you. In fact in most of the cases you suggest solutions that also seem logical to me.

Thank you very much for your support. Let me think it over now.

 

All the best,

Anna

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Adobe Community Professional ,
Nov 12, 2019 Nov 12, 2019

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You're welcome.

ABAMBO | Hard- and Software Engineer | Photographer

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