I have a suspicion of copyright infringement.

Question

Dear Adobe.
 
Few days ago I bought 2 items for my Twitch channel on Etsy from 1 seller, and now I've just found out that ton of "their" items are taken from Adobe Stocks (I found them on the website). I don't know what to do. Can I use the art? I tried to contact the Ilustrator but I've found out that I'm unable due to your policy, so I'm contacting you, here.  
 
There is a one thing though, I don't understand copyrights and licenses. When I was looking through the original art on Adobe Stocks, I've noticed that you can buy the art as "Standard license" and as "Extended license" which is more expensive. So, I'm wondering if maybe the Etsy seller can sell the art because they bougth the Extended license? I don't know, I hope you can help me. Thanks!
 
Here are the links to the art I'm talking about.
 
Original art: https://stock.adobe.com/cz/images/magic-colorful-crystals-set-vector-objects-isolated-on-dark-background/87200201?prev_url=detail
Art on Etsy: https://www.etsy.com/listing/780998708/6-x-twitch-sub-badges-cheer-bit-badges?ref=shop_home_active_6&pro=1
 
Original art: https://stock.adobe.com/cz/images/golden-round-assets-with-colorful-crystal-stars-inside/185392213?prev_url=detail
Art on Etsy: https://www.etsy.com/listing/792496413/6-x-twitch-sub-badges-cheer-bit-badges?ref=shop_home_active_50&pro=1
 
Original art: https://stock.adobe.com/cz/images/cats-in-boxes-sticker-set-for-set-of-badges-with-cats-sitting-in-cardboard-boxes-vector-illustration/256073453?prev_url=detail
Art on Etsy: https://www.etsy.com/listing/830557657/6-x-twitch-sub-badges-cheer-bit-badges?ref=shop_home_active_3&pro=1
Art on Etsy: https://www.etsy.com/listing/814867926/6-x-twitch-sub-badges-cheer-bit-badges?ref=shop_home_active_5&pro=1
Art on Etsy: https://www.etsy.com/listing/796844951/twitch-emote-cat-package?ref=shop_home_active_1

Original art: https://stock.adobe.com/cz/images/kawaii-ice-cream-cats-stickers-ice-cream-with-different-balls-in-the-form-of-round-kittens-in-the-waffle-cone-funny-stickers-for-your-design/263759279?prev_url=detail
Art on Etsy: https://www.etsy.com/listing/780979154/6-x-twitch-sub-badges-ice-cream-cat?ref=shop_home_active_40&pro=1
Art on Etsy: https://www.etsy.com/listing/777955378/twitch-sub-badge-cat-cone?ref=shop_home_active_22&crt=1
 
Original art: https://stock.adobe.com/cz/images/big-set-of-cute-cats-planets-in-space-vector-illustration-flat-design-concept-for-children-print-can-be-used-for-sticker-patch-phone-case-poster-t-shirt/285971766?prev_url=detail
Art on Etsy: https://www.etsy.com/listing/819742284/6-x-twitch-sub-badges-cheer-bit-badges?ref=shop_home_active_39&pro=1
 
Please look into this. Now not sure if I'm allowed to use the art because when I bought it on Etsy. Should I try to get a refund or report the artist? I don't want to do anything in case everything is ok, and I just don't understand the licenses.
 
Thank you and have a nice day!
Sincerely, Paul.

Christopher at Adobe · Accepted Answer

Thank you so much, both of you.

I hope, I haven't made @Test Screen Name upset. It was in no way my intention, I'm only genuinely concerned. I didn't came here to accuse anybody, and I'm sorry if it looked that way. I came here to ask questions and gain better knowledge about everything. @Test Screen Name You are obviously more knowledgable than me, but I believe there is no reason to get upset with me. Maybe I haven't chosen the best way to approach this, but I tried. Maybe you think it's a common knowledge, it's not for me, but thanks to you and @Christopher at Adobe I now at least have more information to guide my decison.

But, back to your message @Test Screen Name . I didn't know I'm not talking to Adobe here, I made the asumption because I saw some people from Adobe answering questions. I don't know how or where should I contact Adobe, or if they would even help me. So I came here, asking questions, seeking information. Also, I'm not sure, and I don't know. That's why I have provided all the links and explained my concern. Now I know that Adobe Stocks doesn't have exclusive rights to the art. I also wanted to contact the original artist but, as I already stated, Adobe doesn't give contact information for the artists. As stated here: https://community.adobe.com/t5/stock/how-can-i-locate-contact-an-artist/td-p/9825887 .

That's why I thought the best option would be to ask here, I guess it was not, but I didn't know that and I did what I thought was right. Lastly, I'm not seeking any legal processes, I wanted to gain information about all of this and I also felt it was right to made some people aware, that's it. What is and was important to me is if I can use the art, or If I could get potentionally into trouble using it. However, thank you for the information you've provided.

@Christopher at Adobe I also thank you for the provided information. The artists on Etsy actually offers personlisation to all their art (color changes and adding or removing text). They also, as you said, provide all their art specifically made for Twitch's needs. As what I've seen, the artists on Etsy is not claiming anything. The only things that is written as "handmade" are the customizations buyers can ask for. I would love to contact the original artist, but I don't know how since Adobe Stock doesn't provide contact info for any of the artists. I will, however, try to message the artist on Etsy and ask if it's their art, as I don't want to throw any accusations.

Thank you both again for giving me the info, and I wish you both a nice day.

Sincerely, Paul.

I don't believe @Test Screen Name is upset--I think they are just an enthusiastic person. We love enthusiasm and passion! 😄

Also, to elaborate a bit more on how Adobe defines the use of Adobe Stock assets. In all cases, the original artist owns the copyright. However, we expect that other artists will use these assets, and in so doing, create their own original "work:"

(2) 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;

Again, I am not a lawyer (although we have many of them on our team), so each case would need to be reviewed on an individual basis. Think of it in this way: If I take a photo and put it on Stock, and you try to resell it as is--that is a violation. But if you take my image and put it into a scene, change the look with filters and whatnot, crop it to new dimensions, add your own elements, etc--you can argue that you made a new work and can therefore use it for your own purposes. But again, only an actual lawyer can determine if the terms are being followed.

If you are interested in fine print:

https://wwwimages2.adobe.com/content/dam/cc/en/legal/servicetou/Stock-Additional-Terms-en_US-20210129.pdf

Again, thank you for your interest in this topic!

--

Christopher

Test Screen Name · Answer

(You are not talking to Adobe here!) Adobe stock  art cannot be resold as art. HOWEVER, why are you sure these are (via Etsy) from Adobe stock? Bear in mind that Adobe stock does not have exclusive rights, you could be dealing direct with the original artist. (Not likely, I grant, as there are multiple credited artists in Stock). Ask the seller! If they confirm they made it from stock, this looks like a violation to me. But neither you, nor I can report it as a legal process. Only the original artist(s).

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