Author Topic: Is it legal? Image used as part of powerpoint download (Read 7801 times)

fritz · « **on:** February 07, 2013, 19:25 »

Just found one of my pictures on the https://www.crystalgraphics.com/powerpoint/Templates.Search.Details.asp?product=curriculum_co_50#largeimage
as part of PowerPoint Template and what is more interesting at the bottom of the page says:

This "Close up of Curriculum and old key" Microsoft PowerPoint template is the exclusive property of CrystalGraphics Inc.
Copyright © 2012 CrystalGraphics, Inc. All rights Reserved. PowerPlugs Templates for PowerPoint is a trademark of CrystalGraphics Inc.

Exclusive property of CrystalGraphics

I'm confused,is it legal?

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edited subject: if you look at the similar posts on the bottom you see 6 "is it legal" threads. The subject needs to be more descriptive or no one will find your thread.

shotupdave · « **Reply #1 on:** February 08, 2013, 02:31 »

I do not believe it is, if they are selling your photo as part of the template. I would send them a email and or certified letter

brmonico · « **Reply #2 on:** February 08, 2013, 03:55 »

Quote from: shotupdave on February 08, 2013, 02:31

I do not believe it is, if they are selling your photo as part of the template. I would send them a email and or certified letter

Yes, and they can do it if they have buy a license for that. When we sell images is for people use. In this case the designer create all the content and choose the images for the design . The buyer cannot claim the copyright of the photo , but he can claim the copyright of all content together as part of one creation. He his not forced to say who made the site bottoms , the icons, the letter type, the images.....he only claim the copyright of all content as part of a finished product, avoid or trying to avoid the content , design and images being used by others when he bought and pay for them.

Now, are this allow under regular RF license? It always depend at the the agency were he acquire the image and the type or license they sold, however , in 95% cases all agencies will claim one extended license for multi seats, web template use and re-sales as part of finish products. So, do you receive commissions according to extended licenses or do you sell extended licenses of these file?

MichaelJayFoto · « **Reply #3 on:** February 08, 2013, 04:03 »

Quote from: alexmk on February 07, 2013, 19:25

I'm confused,is it legal?

It depends where they licensed that image and under what license... yes, there are licenses out there that would allow that kind of use.

fritz · « **Reply #4 on:** February 08, 2013, 07:49 »

No EL sale only RF standard license. I'll have to contact them.
Thanks anyway.

ShadySue · « **Reply #5 on:** February 08, 2013, 08:27 »

Quote from: alexmk on February 08, 2013, 07:49

No EL sale only RF standard license. I'll have to contact them.
Thanks anyway.

Do you know who they bought it from?
The agency wouldn't appreciate you hassling customers if their licence allowed that use without an EL.

fritz · « **Reply #6 on:** February 08, 2013, 09:27 »

No I don't. Email them asking from where and what license did they buy nicely and politely.
Is it possible that Standard License allows to use in template without an EL but everything is possible in the MS game.
Will see what will come out.

brmonico · « **Reply #7 on:** February 08, 2013, 11:16 »

Quote from: alexmk on February 08, 2013, 09:27

No I don't. Email them asking from where and what license did they buy nicely and politely.
Is it possible that Standard License allows to use in template without an EL but everything is possible in the MS game.
Will see what will come out.

Well alex, you must go to all agencies were you submit this file and have sold it and check for their license agreement . This is public information , you can do it without noise. I advice you to see their partner programs to, and partners licenses, see if they put the file in sites like Pinterest without watermark. Pinterest forces a RF license (almost an EL) for images we put there. Never put anything in Pinterest without watermark. Check Facebook pages, i´m sure this company have a Facebook page and see if they "like" some particular agency were you submit to...this is your work if you are not an exclusive contributor.

I believe that you can find a license in some agencies allowing personal web use of files, even in templates. I don´t believe any agency sold a RF regular license allowing resale the images in web templates and unlimited prints/seats .

Be aware that the image could be a legal file in a legal use or can be a copy from Google/Bing . If you want to contact the buyer simple start the conversation with a "Thank you for choosing my files" then, ask them in what agency they acquire the image with the only purpose to you be able to do your own poll and stats for your work.

Depending on what you get from their response you see all !

fritz · « **Reply #8 on:** February 08, 2013, 20:13 »

OK, mystery solved. The image was downloaded from Bigstockphoto but I didn't know that Until 2012 their standard image license permitted images to be embedded into PowerPoint templates such this. After that date, newly purchased images may not be used in PowerPoint templates, although templates using images purchased before that date may continue to be sold.

ShadySue · « **Reply #9 on:** February 09, 2013, 05:43 »

That'll be easy to police

brmonico · « **Reply #10 on:** February 09, 2013, 06:51 »

Quote from: alexmk on February 08, 2013, 20:13

OK, mystery solved. The image was downloaded from Bigstockphoto but I didn't know that Until 2012 their standard image license permitted images to be embedded into PowerPoint templates such this. After that date, newly purchased images may not be used in PowerPoint templates, although templates using images purchased before that date may continue to be sold.

So , the image is legal, right? This is a happy ending .

fritz · « **Reply #11 on:** February 09, 2013, 07:00 »

Yes, but on BS for couple of $ they got almost like EL license and of course it's not their fault.
So folks beware of BS standard license.

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Author Topic: Is it legal? Image used as part of powerpoint download (Read 7801 times)

fritz

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