Work for digital Agency (own company, contract )

[lukasss]

Hi everyone,

Under the standard license, as my company (A), can I prepare a website design for another Digital Agency (B) that will pass the project on to its Client (C)? This is a custom design, not a multiple-resale template.

Help me Adobe.

Thank you.

[Abambo]

Hi @lukasss,

Adobe will not say more about licensing as they say in the licencing terms. If you want really a fools proof answer, you should consult a lawyer specialized in licencing.

This said:

There is one final customer, all others are only intermediaries. The final customer accepts licencing terms at least as stringent as Adobe's. BTW: If that is not a service, where you want to keep your source secret, just go ahead and let them accept Adobe's terms. This means that you license on behalf of the final customer. No problem. You are doing just what Adobe stock is meant for.

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).

[lukasss]

Hi @Abambo 

I talked to Adobe in the chat and I got information that if the agency makes a banner / website or other project using Adobe Stock, the best solution is if the client sends the agency photos to be used in the project (purchased on the client's account). The agency can use preview photos for the project and indicate their numbers to the client.

You can purchase photos on behalf of the client, but in this case you have to accept and sign a contract with the client that meets at least:
https://wwwimages2.adobe.com/content/dam/cc/en/legal/servicetou/Stock-Additional-Terms-en_US-2021012...

Look:

(2) such employees and subcontractors only use the Stock Assets on your behalf; and
(3) you are solely responsible and liable for use of the Stock Assets by your employee or contractor.

It is too dangerous.

[lukasss]

(2) are solely responsible and liable for use of the Stock Assets by your employer or client (as applicable);

and

2) such employees and subcontractors only use the Stock Assets on your behalf; and
(3) you are solely responsible and liable for use of the Stock Assets by your employee or contractor.

[lukasss]

@Abambo 

Sorry, post editing doesn't work.
I mean A -> point 6.
B is definitely safe for the Contractor (Agency).

Additional Rights. Subject to the Terms and any applicable restrictions, you may have the following additional
rights:
(A) Employer or Client Use. You may license Stock Assets for the benefit of your employer, or one of your clients,
provided that you:
(1) represent and warrant that you have full legal authority to bind your employer or client to these Terms;
(2) are solely responsible and liable for use of the Stock Assets by your employer or client (as applicable);
(3) transfer your license to your client or employer via an enforceable written agreement that includes applicable
terms no less restrictive than these Terms; and
(4) obtain additional licenses for the same Stock Assets if you or your employer intend to use the same Stock Assets
for yourself, your employer, or for the benefit of other clients (as applicable).
(B) Employee and Contractor Use. You may transfer files containing the Stock Assets, including productions,
Projects, or other permitted derivative materials, to employees or subcontractors, provided that:
(1) such employees and subcontractors agree in an enforceable written agreement to abide by the restrictions in the
Terms;
(2) such employees and subcontractors only use the Stock Assets on your behalf; and
(3) you are solely responsible and liable for use of the Stock Assets by your employee or contractor.

Thanks.

[Abambo]

Well, I agree, the best solution would be having the customer buying the assets, but that works only in well-defined environments, where the customer has the corresponding resources and knowledge.

By definition, the subscription is built on the fact that an agency is preparing data on behalf of the customer. If you are doing work for a customer it is accepted workflow that you licence the assets on behalf of the customer. You give the customer access to the assets under the condition that the customer accepts the licensing terms. You do not need to pass on the high-resolution asset. Only the resolution the customer needs to operate his site.

So yes, you can also ask your customer to acquire the credits and to licence the assets. That's absolutely workable, even if it is a little strange to ask the gardener or barber or dog sitter to go to stocks, make an account, buy the credits necessary to licence the assets. Not to mention that even seasoned users have sometimes difficulties with this.

BTW: if you have a company credit card, you both, the company and the holder are responsible for the cards use and down payments. Kind of similar situation, isn't it?

(and yes, it's unfortunate that the forum software does not allow you to edit your posts, at least for a couple of minutes after posting!)