third party usage clarification

[Laura249756294uld]

Hello. I understand that Adobe Stock files cannot be shared or sold to a third party, and I know that when an Adobe Stock file is used within a book as part of its design, it is permissible to sell the book itself. But what about selling the book's layout to a third party when some of that layout's design was created using RF icons from Adobe Stock? 

A book might be sold to a third party (another publisher) so that it could be sold in different countries in different languages. Is it OK to keep those design elements that use RF icons/illustrations from Adobe so long as the individual Adobe files are not shared?   In these situations the stock file is not used alone but has been incorporated into some sort of new illustration or bit of design. I've read through the information online but am seeking clarity. 

Example: Adobe stock file 321233348 was used to help create a header like the one attached. Adobe file: https://stock.adobe.com/images/set-of-magnifying-glass-icons-magnifier-or-loupe-sign-set-search-icon...

Thank you. 

[Abambo]

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).

[Laura249756294uld]

Thank you, but this does not answer my question. I've read through all of this without finding an answer to my specific question, thus my post here, since I found no direct line to Adobe. I think my question is too nuanced for a community board, but I don't see an Adobe support phone number. 

[Test Screen Name]

Adobe will not be able to help. The license was drafted by their legal department, and is complete. No clarifications are permitted; indeed they are pointless because in a court, only the words of the contract can be looked at. This is a difficult area and you may need to pay your IP lawyer for a professional opinion. 

[Abambo]

Sorry, but effectively, your question does ask more than my laymans understanding of the rules can assume. So my understanding is, that it may be not allowed.

[Laura249756294uld]

I appreciate that. With some of our other stock providers I'm able to speak to a human representative to assist with such questions. If it is true that Adobe refuses to provide that same service, then it will be safest to assume we cannot use files this way. Shame. 

[Abambo]

You can always use customer care. The problem with such indications are, that none is legally trained (I doubt that lawyers are answering your questions). At least in this public forum, you won't find Adobe employees giving you anything other than the link to the licencing terms. Anything, an employee says, and which contradicts the licencing terms, may be binding to Adobe. Therefore, Adobe does not like anyone giving advice on legal topics, and therefore, I also have my disclaimer. I am, I think, quite good at reading legal texts. But I would not counsel you in a direction based on your description, because I do not know, if that is covered with a standard or an extended licence or not at all.

[Test Screen Name]

It is is a really good question, by the way...

[Laura249756294uld]

Thank you! I do appreciate the input. Back in the day, it was generally OK to do what I was asking so long as the file was changed "enough" or incorporated into new artwork and could not be separated. But enough has changed in this industry that I'm not sure all vendors still ok this usage. And no one's online terms make it clear. How do I contact customer care? I spoke to someone in a chat, but they didn't seem to understand my question, and every other support link I've followed directs me back here. Our IT team may have some sort of contact info, I suppose, associated with our company account. 

[Abambo]

How do I contact customer care? I spoke to someone in a chat, but they didn't seem to understand my question, and every other support link I've followed directs me back here.

By @Laura249756294uld

You contacted customer care via the chat! Adobe customer care can be contacted by beginning a secure chat session at https://helpx.adobe.com/contact.html?rghtup=autoOpen. Pop-up blockers need to be disabled, you need to accept cookies! If the chat window fails to open, or is non-responsive, use a different device and/or browser to start the interaction.


For support via Twitter:
https://twitter.com/AdobeCare

(see also here: https://community.adobe.com/t5/creative-cloud-services/how-to-contact-adobe-support/td-p/11875703 or here
https://community.adobe.com/t5/account-payment-plan/how-to-contact-adobe-support/td-p/11843852)



Important: Adobe does NOT contact you unsolicited by e-mail or direct message. If you get contacted by direct message from a person, claiming to be an Adobe employee, look at that profile and look, if they bear the “Adobe Employee” marking under their name. Adobe support does not use Skype to give you support.


If in doubt, ask the forum.

[Abambo]

It is is a really good question, by the way...

By @Test Screen Name

Correct. When we cannot answer or do not dare to answer, then it's an excellent question… for a lawyer.