Question regarding licenses

[Nikola29944830na6a]

Hello!

A legal entity from Australia (Company A), would like to purchase licenses for commercial use and transfer them (using your “Transfer an Adobe product licence” option) to another company – a separate legal entity, based in Serbia (Company B – basically they are subcontractors to Company A).

My question is:
If the licenses are transferred using the said option, could Company B use them for commercial use, according to your Terms and Conditions and other applicable laws and agreements?

[Abambo]

Yes. As a side note, there is no distinction between commercial use and non-commercial use. What counts are the terms and conditions that CompA has agreed upon. So CompB needs to agree at least to terms that are as stringent as Adobe's. The simplest way is to have CompB sign an agreement that they are bound to the Adobe terms & conditions.

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).

[Nikola29944830na6a]

Thank you so much for your reply! 

Unfortunately, I have just got this answer from an agent:
"Please refer to this article:

https://www.adobe.com/uk/legal/terms.html

A license purchased from one country cannot be transferred and accessed by a teams account from another country as per the policy."

How do you feel about this reply?

Also, is there maybe a way to talk to someone from Adobe directly about this? I'm talking about addressing maybe Adobe Legal, or whatever department may handle this type of inquiry.

[Abambo]

Unfortunately, I have just got this answer from an agent:
"Please refer to this article:

https://www.adobe.com/uk/legal/terms.html

A license purchased from one country cannot be transferred and accessed by a teams account from another country as per the policy."

By @Nikola29944830na6a

What agent? I do not find the provision you quote in your reply. You should point out the relevant paragraph.

Below is from the stock licensing terms. You can't make it a business. Like taking a big subscription and reselling licences to subcontractors. But you can licence an asset on behalf of a customer and transfer that asset to the customer under certain conditions, without having the customer to take a subscription or credit packs on his own. I do not see a country limit here.

3. License Terms and Specific Restrictions Applicable to Works

(A) Standard License for Works. Under a Standard License, we grant you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable (except pursuant to section 6 (Additional Rights)) license to use, reproduce, archive, modify, and display the Work, in all media, for (1) advertising, marketing, promotional and decoration purposes; and (2) personal and non-commercial uses, up to 500,000 times as further described in section 3.1(B) (“Standard License Specific Restrictions”).

6. Additional Rights. Subject to the Terms and any applicable restrictions, you may have the following additional rights:

(B) Client Use. You may license and use a Stock Asset in combination with other content or materials as part of a project for the benefit of a client (“Client Project”), provided that you purchase new licenses for any additional use of that Stock Asset by you on your own behalf or for the benefit of any other client. In connection with a Client Project, you may permit your client to use the Stock Asset under enforceable written terms no less restrictive than this Agreement. Notwithstanding the foregoing, you must not (A) resell licenses to Stock Assets or (B) use a Pro Image in a Client Project.

[Nikola29944830na6a]

@Abambo

Thank you once again for your reply.

Unfortunately, I have just got this answer from an agent:
"Please refer to this article:

https://www.adobe.com/uk/legal/terms.html

A license purchased from one country cannot be transferred and accessed by a teams account from another country as per the policy."

By @Nikola29944830na6a

What agent? I do not find the provision you quote in your reply. You should point out the relevant paragraph.

It was an agent from Adobe, to whom I got in contact with through the chat option available on adobe.com. He didn't point out to any particular paragraph... I also couldn't find what was the agent talking about when searching through the T&C.

6. Additional Rights. Subject to the Terms and any applicable restrictions, you may have the following additional rights:

(B) Client Use. You may license and use a Stock Asset in combination with other content or materials as part of a project for the benefit of a client (“Client Project”), provided that you purchase new licenses for any additional use of that Stock Asset by you on your own behalf or for the benefit of any other client. In connection with a Client Project, you may permit your client to use the Stock Asset under enforceable written terms no less restrictive than this Agreement. Notwithstanding the foregoing, you must not (A) resell licenses to Stock Assets or (B) use a Pro Image in a Client Project.

Okay, so Company B might use it to work on a Client Project, but not for other projects (like a project done by Company B for another client) - did I get it right?

One more thing before we close this one:

Do you have any idea how can I reach Adobe Legal? Because, in Company B's country of registration, we'd (along complying with the terms) need a written permission to use the licenses, so as to not get in trouble with our own authorized state bodies, as they don't care about Terms and Conditions too much in scenarios like this one - they ask for a written statement from the owner of the license.

I've tried various things (sending mails to copyright-stock@adobe.com, einquiri@adobe.com,   legal@adobe.com,  which are all mails I got from agents through chat, but none seems to be the correct address. I also tried calling numerous landline numbers (EU, US, Australia... ), but to no avail.

Thank you so much for your replies once again, hope you can help me get the right contact from Adobe.

[Nikola29944830na6a]

Sorry for stacking questions, but wanted to point out if it's of any importance, that the license in question here is Substance 3D Collection for Teams.

[Test Screen Name]

I am not sure why the license for Substance is consulted. Adobe Stock has its own license. It is impossible to reach Adobe legal, or get any special legal writing. Adobe Legal spent their time to create the license agreement, which is what would be checked in any legal action. There is no possibility to get in touch with the owner either (Adobe do NOT own the images, they only have a right to sublicense them; each photographer keeps the copyright). Adobe will NOT give contact details for photographers.

[Abambo · Accepted solution]

@Abambo

Thank you once again for your reply.

Unfortunately, I have just got this answer from an agent:
"Please refer to this article:

https://www.adobe.com/uk/legal/terms.html

A license purchased from one country cannot be transferred and accessed by a teams account from another country as per the policy."

By @Nikola29944830na6a

What agent? I do not find the provision you quote in your reply. You should point out the relevant paragraph.

It was an agent from Adobe, to whom I got in contact with through the chat option available on adobe.com. He didn't point out to any particular paragraph... I also couldn't find what was the agent talking about when searching through the T&C.

By @Nikola29944830na6a

I think the customer service agent was talking about a teams or enterprise subscription, where you can't take a subscription and associate someone outside your region to that subscription. That's different from licensing from Adobe stock.

In all cases, I would strongly recommend connecting with your legal department. They should be able to give you correct advice on the licencing terms. Adobe employees will point out to the terms & conditions. If they don't, they risk giving you wrong advice, which their legal department would not appreciate.

What you licence from stock is bound by the terms and conditions of stock. If Substance has its own marketplace, you need to study those terms and conditions.

[Nikola29944830na6a]

Thanks for your help @Abambo @Test Screen Name . I was told, again via email by Adobe, to post my question on Stock, but I'd say Substance 3D painter is unrelated to Stock. It's tricky finding information by Adobe. So I'll try posting somewhere else. Thank you so much for your help, and wishing you an awesome day!