Extended License Rights

[balanced_Star0D44]

Hi, everyone,

I'm an Adobe Stock Contributor and I found some of my patterns being sold by another person on Spoonflower (print-on-demand for textiles and wallpaper). They sell them as their own design without any reference to the artist (i.e. me). Before taking any further steps, I'd like to know is this usage is allowed under the extended license.

I've read all the license terms, but I'm still puzzled.

Thank you in advance for any help. 

[Abambo · Accepted solution]

Yes, print on demand is allowed under an extended license. And no reference is needed, it's not used in an editorial sense. 

But it seems to me that this is different, as the Spoonflower contributor may violate Spoonflowers terms (here on Adobe stock, they would, but the product that Adobe offers is different).

As with any other Content, you represent and warrant that you own or otherwise are authorized to use the design and to offer it for sale. You further agree that the sale of the design will not violate the copyright, trademark or other proprietary rights of any third-party.

And uploading the asset to Spoonflower's database may be considered as distribution. https://stock.adobe.com/license-terms#extendedLicenses Howevr, the asset is not offered for sale but only a print of the asset. And that is again covered by the licencing terms under an extended licence.

I'm not a lawyer, however. So this is worth what it is.

[balanced_Star0D44]

Thank you! 

[daniellei4510]

Really? But is the OP sure they were purchased under an Extended license?

[balanced_Star0D44]

I'm not sure yet, but I'll ask her to provide the licenses for the patterns she sells in her shop. If she has none, that's another story, but I just wanted to make sure beforehand that it is allowed under the extended license. 

[Abambo]

@balanced_Star0D44,

Did you sell extended licences? They should stand out, as they will produce larger royalties.

[Abambo]

Really? But is the OP sure they were purchased under an Extended license?

By @daniellei4510

That's a good question.

[balanced_Star0D44]

@Abambo, yes, I've sold quite a few extended licenses, but it's challenging to track (unless I do it manually) because I have a large portfolio, and I've been a contributor for several years. I have to go through all my sales to check if the exact files were sold as extended licenses. If they were licensed as extended licenses, I don't know who bought them, so I suppose the only way to know for sure is to ask the person if they can provide proof of having this kind of license, and this will be my next step. Afterwards, I'll take action according to the situation.

Anyway, my main question was about the usage permitted under the extended licenses because, to my knowledge, other large stock platforms do not permit this kind of usage. I mean selling it on pods without any change to the design and presenting the design as your own—there is always some caveat. Either the design has to be changed, or you can't represent it as your own, or you are not allowed to sell it on pods at all.

So, thanks a lot @Abambo and @daniellei4510 for your help. I'll proceed accordingly

[Abambo]

Unfortunately, you can't track individual sales. 

If the asset is successful on Spoonflower, consider publishing your own assets there. The extended licence does not give the user exclusive rights to your asset. Personally, even if allowed by the terms, I would still think of robbing you of your rights. This is different from a poster editor publishing posters of nice pictures, or a puzzle editor investing into marketing for their products.

[daniellei4510]

This is not allowed. Start here to inform Adobe: https://www.adobe.com/legal/dmca.html

[balanced_Star0D44]

Thank you! My image from Adobe Stock was uploaded to Spoonflower, not vice versa, but thank you for taking time to reply.

Best regards,

Anna

[daniellei4510]

My bad. I didn't notice "Extended" in your title. @Abambo is the one to listen to here. 😉

[Abambo]

I have extended my initial response. You may want to check that too.