Print on demand licence - specific question

[Sébastien237486856fa5]

Hello,

I'm sending this message because I can't get a concrete answer from the sales department.

The objective of my french company is to sell Artworks printed on a support. Some photos will come from Adobe Stock. Artworks are printed on demand, ie no physical product is created before a customer places an order.

When a customer places an order, I plan to purchase an extended license and then have the product manufactured. No physical product will be manufactured without a previously purchased extended license.

In order to be able to advertise the future product to my customers on my website, I need to display the images so that the customer can make his choice and place an order. For that I plan to buy standard licenses.

Here are my questions:

1) Do you confirm that with standard licenses I am allowed to display Adobe Stock images on my website to present and promote future printed artworks that have not yet been produced (virtual image of the artwork from the Adobe Stock image + staging in a virtual room)?

2) Do you confirm that I am allowed to purchase extended licenses only after my customers have placed an order and before the physical product is manufactured?

3) Do you confirm that I am not obliged to mention "Adobe Stock" in a photo credit when I present on social networks and on my website a future painting (virtual artwork + staging in a modeled room) that includes an Adobe Stock image for which I have a standard license?

Thank you in advance for your precise answers to each of these questions.

On top of that, may i have some information / documentation in french about Adobe Stock Partner API that seems to allow to buy a standard licence on behalf of each customer? How does it work if customer need to buy twice the same product? Do i need a standard licence for my company to display the picture on my website by using this kind of API?

Thank you for all.

Regards.

@MatHayward 

[Abambo]

Please see here for your API question:

https://community.adobe.com/t5/stock-discussions/buy-the-standard-license-for-a-view-then-buy-the-ex...

[Sébastien237486856fa5]

@Abambo thank you for your answer about API. What about the answer to the 2 first questions? Standard licence to describe and promote a product that is not yet existing physically. Then an extended licence before production and after customer order?

[Abambo]

That's the tricky part of your question.

This is my private evaluation of your situation:

You can probably buy a standard licence and build your shop. You can also buy an extended licence "on top" of the standard licence. I would also say that it is not editorial use, so you do not need to credit the pictures.

But you need to ask a lawyer, if you want a qualified answer. I'm not a lawyer, nor am I an Adobe employee. I cannot rule out, that my assessment of the situation is not correct.

Adobe, generally, does not give answers beyond the link to the licensing terms. 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).

[Sébastien237486856fa5]

@Abambo this is the problem. My question is not related to law, but only related to Adobe Terms and conditions. There is thousands of website that sale mugs and t-shirts with stock pictures. If Adobe is not able to explain what it is possible to do with what they sell, it's a huge problem. Adobe cannot answer to ask a lawer to understand their terms and conditions. My questions are very simple and once again it's not a question of law. 

May Adobe provide a clear answer to those 2 simple questions? I try to have answers for 2 weeks from customer service and sales department and nobody can answer. They just provide the link to terms and conditions... 

That's why i try to have answers here.

[Test Screen Name]

Adobe terms and conditions form a contract. The terms and conditions, if they are not clear to us, need to be examined by a specialist lawyer. Adobe WILL NOT and we CANNOT offer more guidance, because in the event of a dispute, only the actual written words in the contract matter, not any explanation. It's not clear, however, that you are looking at a special license that applies to the people who license the Adobe Stock API  terms.

https://developer.adobe.com/stock/docs/faq/terms-for-adobe-stock-developers/  https://developer.adobe.com/stock/docs/getting-started/

Speaking not as a lawyer, the impression I get is that licencees who are accepted to use Adobe's API have access to tens of millions of Adobe images. It stands to reason that they do not pay tens of millions of dollars to be able to offer them, so they do not buy a license for each one. However, moving from the general ("chose one of Adobe's images") to specific ("here are some recommended images") may not be within the terms.

[Sébastien237486856fa5]

@Test Screen Name thank you for your answer. The point seems to highlight that terms and conditions need to be updated by Adobe if nobody is able to answer very simple questions that concern thousands of sellers.

It's not an isolated situation.

It's a very common and clear situation, and it should be easy for Adobe to answer.

No physical product exists with standard licence. Pictures are just displayed to promote a future product with virtual rooms (like on each wall art website). 

Extended licence is bought prior to manufacturing. 

Very common situation. 

What does it mean if Adobe answers to ask for a lawer for such a situation ? It is their terms and conditions, not law, they should know about that. 

I hope Adobe could answer here, as they can do for other simple questions.

[Sébastien237486856fa5]

Is it possible to have at least an answer to this question ?:

Is it possible to sell wall art with not modified pictures from adobe stock with extended licence ?

Because shutterstock answered that wall art is different from a t-shirt or a mug that have a specific function on top of the image. 

[Sébastien237486856fa5]

@MatHayward Hello, do you have answers to my questions?

At least the very simple one: "Can i use exetended license for wall art to sell it ?"

Thank you

[WendellaBee · Accepted solution]

If after reviewing the licensing terms you are uncertain of which apply to your project then it is recommended you consult a lawyer.