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Hi there,
I have scoured this forum and licensing terms and still a little unclear on which licence is required. For example, using an asset on a notebook cover which will be sold less than 500k. Is the image seen as the primary reason someone would by the notebook? Is a notebook or planner counted as 'merchanidise'? Another example, using assets within a book (such as a planner or colouring book) where the asset is one of many within the book. Thank you.
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Both of your cases let me think that you will need extended licenses.
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 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).
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Thank you. Am I correct in assuming the 'up to 500k' for standard licence is only for things like business cards, flyers and price lists or the like. Ie marketing material but not items to sell. It also mentions product packaging in these terms. Why is that different to a book cover or element of a book that is sold?
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The 500k run limit is valid for all use of a standard licence. Items to sell (like T-shirt etc) need an extended licence. You need really to pay attention to the wordings:
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With a Standard license, you may not:
- Distribute the stand-alone file.
- Create merchandise, templates, or other products for resale or distribution where the primary value of the product is associated with the asset itself. For example, you can't use the asset to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the asset printed on it.
- Transfer the license to more than one employer or client, unless separately licensed for each.
So for your notebook the differentiation to other notebooks will be the cover image (primary value). As for your colouring book it is even more obvious as the only reason to buy your item will be the assets you get from stock, given that you do not have your ones to include also. Even if you add your ones, the assets licensed will be that important that the primary value is with the assets themselves.
If you write a book, travel guide or something else, and you use stock images to illustrate your text, the reason for the customer to buy that item will be ideally your added value. Thus, a standard licence should be enough.
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 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).