Author Topic: Rights on ps custombrushes (Read 6317 times)

sure8 · « **on:** July 10, 2012, 06:01 »

hi,
i'm new to stockfotgrafy and the rights that belongs to it. i want to know if it is legal in general to sell pictures that were made out of "free photoshop brushes". you know i mean these floral and fractal brushes an kind like that. often the author writes a comment like the brushes would be free for personal and commercial use and he just wanna be linked beside.
for instance i had found a gratis brush pack on a website that sells royality free vector brushes. below the pack it concerns the following text:

"You can use our products like a printed product and it is good to use our designs as many times for Royalty free license.. You can use our designs your personal designs or your client commercial projects.Royalty-Free concept means that you can buy one particular clipart and after you pay for it you can use that clipart as many times as you like, with some minor restrictions. This mean that you are NOT ALLOWED to resell, share with your friends, give away, repackage or redistribute our clipart in any way."

do you've got any suggestions?

ShadySue · « **Reply #1 on:** July 10, 2012, 06:55 »

Quote from: sure8 on July 10, 2012, 06:01

hi,
i'm new to stockfotgrafy and the rights that belongs to it. i want to know if it is legal in general to sell pictures that were made out of "free photoshop brushes". you know i mean these floral and fractal brushes an kind like that. often the author writes a comment like the brushes would be free for personal and commercial use and he just wanna be linked beside.
for instance i had found a gratis brush pack on a website that sells royality free vector brushes. below the pack it concerns the following text:

"You can use our products like a printed product and it is good to use our designs as many times for Royalty free license.. You can use our designs your personal designs or your client commercial projects.Royalty-Free concept means that you can buy one particular clipart and after you pay for it you can use that clipart as many times as you like, with some minor restrictions. This mean that you are NOT ALLOWED to resell, share with your friends, give away, repackage or redistribute our clipart in any way."

do you've got any suggestions?

OK, two separate questions here.
In general, if attribution or links are required, you won't be able to do that on stock or force that requirement on your buyers, so no.

In the second case, of the specific example you give, they seem to be talking about clip-art, not brushes, so that part isn't relevant to brush use. Or is it the sort of brush that looks like a graphic? In which case, you are not allowed to use it as it would be reselling and redistributing.

sure8 · « **Reply #2 on:** July 10, 2012, 08:08 »

in the second case it is a mix of both vector and brushes: "Free Floral Vector & Brush Pack...File format: Eps, Ai, Abr brush & Png"
I thought it would be allowed to make an unique illustration out of these brushes and that it would make a difference to just reselling the content of the pack. you know what i mean?
i was just wondering at all the floralillustrations and similar pictures on stockfotosites. should all of them are made out of self-made brushes by the appropriate author of the illustration?
another example would be all the illustrations that contain photomaterial of the earth. some of them are e.g. foto material you can download from the site "visibleearth.nasa.gov". the nasa allows to use their fotomaterial to sell pictures made out of them but requires a link. i've already asked them personally.
however i heard of some stockfotosites that doesn't accept nasamaterial anymore.
so back to the brushes. is it common that illustrators on stockfotosites use their self created brushes or some downloaded stuff?

ShadySue · « **Reply #3 on:** July 10, 2012, 08:11 »

Quote from: sure8 on July 10, 2012, 08:08

so back to the brushes. is it common that illustrators on stockfotosites use their self created brushes or some downloaded stuff?

on iStock it should be self-created brushes. I don't know about other sites, but any brush which must be attributed could not be used in a stock image.

jm · « **Reply #4 on:** July 10, 2012, 08:38 »

I don't use them because I can't be sure that the site that distributes these brushes and shapes is really allowed to do it. Original creator of these brushes might be somebody else. There are too many thieves in this business.

michaeldb · « **Reply #5 on:** July 10, 2012, 13:54 »

Quote from: sure8 on July 10, 2012, 06:01

...This mean that you are NOT ALLOWED to resell, share with your friends, give away, repackage or redistribute our clipart in any way."[/i]

This language is vague and pretty much useless. It seems to contradict itself and does not clearly give you a license which would allow you to use the clipart in microstock images

As far as using clipart goes, the owner of the copyright can grant you a license to use the clipart in derivative images which you create and to allow you to be the owner of the copyright of those images. Then, as the copyright owner, you can grant licenses to other people to use those images which you have created using the clipart. But the language you quote does not clearly grant you such a license.

The issue of using PS brushes in microstock images has been covered in some old posts here. Some people claim that you can not or should not ever do it. But microstock sites (except IS) allow it if you have a valid license to grant other people the license to use the images which you created using the brushes. It's not unlike using a font in your microstock images. It's ok, if you have a license to do it (except on IS where it's sometimes ok, if you are an exclusive).

It's all a matter of copyright and licensing. We can sell licenses to other people to use our images, and other people can sell, or even give, us licenses to use their images.

sure8 · « **Reply #6 on:** July 10, 2012, 15:52 »

Quote from: ShadySue on July 10, 2012, 08:11

on iStock it should be self-created brushes. I don't know about other sites, but any brush which must be attributed could not be used in a stock image.

thanks! that's new to me.

here is a link to the terms of use of the site i've found: http://wegraphics.net/terms-and-conditions/ [nofollow]

there is written:
"All premium resources are royalty free and can be used for personal and commercial design works."..."You may modify the resources according to your requirements and use them royalty free in any or all of your personal and commercial projects."

if i did understand them right, premium means that you have a subscription to download files. and i just have to create an unique image out of the resources to resell it. that would be mean that the author allows me to be the owner of the copyright of those images like you said michaeldb. is that right?
and what if the author of the site is not the author of the resources but allows me to use "his" brushes like jm said?

under faqs i found that: "Our free samples are released under a creative commons 3.0 unported license. You can re-distribute and use them into your personal/commercial projects (i.e. Photoshop tutorials), but attribution and a link back to wegraphics.net is required."

that would mean i'm not allowed to make a stock image out of it. that's right?

ShadySue · « **Reply #7 on:** July 10, 2012, 16:04 »

Quote from: sure8 on July 10, 2012, 15:52

Quote from: ShadySue on July 10, 2012, 08:11
on iStock it should be self-created brushes. I don't know about other sites, but any brush which must be attributed could not be used in a stock image.

thanks! that's new to me.

here is a link to the terms of use of the site i've found: http://wegraphics.net/terms-and-conditions/

there is written:
"All premium resources are royalty free and can be used for personal and commercial design works."..."You may modify the resources according to your requirements and use them royalty free in any or all of your personal and commercial projects."

if i did understand them right, premium means that you have a subscription to download files. and i just have to create an unique image out of the resources to resell it. that would be mean that the author allows me to be the owner of the copyright of those images like you said michaeldb. is that right?
and what if the author of the site is not the author of the resources but allows me to use "his" brushes like jm said?

under faqs i found that: "Our free samples are released under a creative commons 3.0 unported license. You can re-distribute and use them into your personal/commercial projects (i.e. Photoshop tutorials), but attribution and a link back to wegraphics.net is required."

that would mean i'm not allowed to make a stock image out of it. that's right?

"You may modify the resources according to your requirements and use them royalty free in any or all of your personal and commercial projects."
You may use them in your personal and commercial work (e.g. putting them in presentations, on posters, on websites), but it doesn't say anthing about allowing you to sell them royalty free.

"You can re-distribute and use them into your personal/commercial projects (i.e. Photoshop tutorials), but attribution and a link back to wegraphics.net is required."
Again, you can use them in your own projects, but not resell them as stock. Plus you could never force a buyer to attribute and link back, and at least some of the micros won't let you do that either.

You could alway try contacting the author and ask directly, then, if given permission, check whichever stock agency you were thinking of uploading to to see if they will accept that permission as a property release. You'd probably need to get them to fill out a property release.

sure8 · « **Reply #8 on:** July 10, 2012, 17:23 »

i wrote him a message in which i asked him if i would be allowed to use his free brushes to make illustrations out of them, that i want to sell in the internet. he said "Yes, you may use them in your commercial illustrations."
in context to my question that would be my property release i think. but it's useless aslong i have to link him back. right? i understand if i want to sell free ones i have to ask him if i have to link him back and if i'm allowed to sell images containing his resources.
in the terms of use is also written:
"You can use our resorces in your projects and you are free to sell, distribuite and release your products; but you can’t resell or redistribuite the original files. In example you can use our icons in a web template and sell it, distribute the icons you’ve used along with the theme, but you can’t re-distribute the entire icon pack; or you can use our vectors to create a t-shirt graphic and sell the t-shirt, but you can’t re-distribute the entire vector set."
that would mean i just have to modify the resources i have to pay for and then i'm allowed to sell them as stockfotos and don' have to link them back but i can not sell the free ones because they are under a creative commons 3.0 unported license and i have to link them back like i've already mentioned below.
sorry but i have to know that as acurate as possible.

Pixart · « **Reply #9 on:** July 10, 2012, 17:36 »

I don't think they want anything that isnt' 100% yours.

http://www.microstockgroup.com/shutterstock-com/need-help/

or

Quote from: Lizard on June 27, 2008, 14:13

What really frustrates me lately , is rejections for "We have reasons to believe the image was created with components or brushes that are not originally yours" or something like that.

I contacted scout few times and clearly stated that I never used a single brush that was not created by me and from my photos , that I can prove them that by sending them the brushes set or photos and scans of my textures or something , and they have been approved then. But they keep rejecting stuff for that reason , and I cant be constantly complain.

[/quote

lbarn · « **Reply #10 on:** July 10, 2012, 17:53 »

I would carefully read a previous post similar to your question:http://www.microstockgroup.com/shutterstock-com/5-yr-conttributo-just-sharing-some-experience/ Although it isn't clear all the circumstances in this incident, I think some of the info applies in this case.

Pay attention to what helix7 says in post 19. Although helix7 recently deleted his username here, he is a known to have a large vector port.

I seem to remember several other times where ports were disabled by using brushes/patterns that were not created by the artist selling the work....

luissantos84 · « **Reply #11 on:** July 10, 2012, 17:57 »

Quote from: lbarn on July 10, 2012, 17:53

I would carefully read a previous post similar to your question:http://www.microstockgroup.com/shutterstock-com/5-yr-conttributo-just-sharing-some-experience/ Although it isn't clear all the circumstances in this incident, I think some of the info applies in this case.

Pay attention to what helix7 says in post 19. Although helix7 recently deleted his username here, he is a known to have a large vector port.

I seem to remember several other times where ports were disabled by using brushes/patterns that were not created by the artist selling the work....

exactly! some disabled because of filters too

ShadySue · « **Reply #12 on:** July 10, 2012, 18:24 »

iStock's take on this: http://www.istockphoto.com/help/sell-stock/training-manuals/illustration/quality-standards-custom-fills-and-strokes (includes brushes etc)

sure8 · « **Reply #13 on:** July 10, 2012, 19:06 »

Quote from: Pixart on July 10, 2012, 17:36

I don't think they want anything that isnt' 100% yours.

of course they don't want that because it means more time and effort for them to run after everyones licenses i guess. but like other guys mentioned in that thread you should have the original text of the terms of use of the brushes so that you can prove that you have the rights to sell images done with other ones brushes. however you can't be sure that someone else than the one you've got the brushes from has made the brushes. but in the case luissantos84 has linked that would mean like helix7 already said, that if the stockagency wants you to stop uploading those pictures, then you should do that.
probably it would be a good idea to ask directly the support of the agency what is right or wrong and if there is a property release for custom brushes acceptable. is here anybody else who sells images done by other ones brushes? do you have a property release or a snapshot of the terms of use on the site of the author of the brushes?

sure8 · « **Reply #14 on:** July 10, 2012, 19:35 »

Quote from: ShadySue on July 10, 2012, 18:24

iStock's take on this: http://www.istockphoto.com/help/sell-stock/training-manuals/illustration/quality-standards-custom-fills-and-strokes [nofollow] (includes brushes etc)

just read your ost after my last one.

ok thanks. istock explains the following term: "If you’re submitting files containing effects you didn’t create you may need to obtain a signed property release from the copyright owner (for more information please read the ‘Property Release’ section in this guidebook)."

under 8.4 there is written:

"iStock recommends that a Property Release be obtained when the image contains identifiable property wherever possible. This isn't just for houses, it could apply to pets, cars, artwork and other personal property. The more recognizable and unique the property (and the more the owner's identity might be connected to or determined from the property) the greater the need for a property release.
The Property Release must be signed by the legal and beneficial owner(s) of the property, or their authorized agent. Many of the same formalities apply as for Model Releases.
Note: iStock does not accept digitally created or digitally signed property releases (this includes using script fonts as signatures, e-signatures and scanning signatures and then pasting into the model release)."

that would mean if you use someones' brushes you have to have a handwritten property release. that's it for istock. i could imagine other agency do it like IS.

ShadySue · « **Reply #15 on:** July 10, 2012, 19:38 »

Quote from: sure8 on July 10, 2012, 19:35

that would mean if you use someones' brushes you have to have a handwritten property release. that's it for istock. i could imagine other agency do it like IS.

For iStock it would need to be their own property release or something extremely like it:
http://i.istockimg.com/docs/languages/english/propertyrelease.pdf (available in several languages, if necessary)

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Author Topic: Rights on ps custombrushes (Read 6317 times)

sure8

ShadySue

sure8

ShadySue

jm

michaeldb

sure8

ShadySue

sure8

Pixart

lbarn

luissantos84

ShadySue

sure8

sure8

ShadySue

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