Author Topic: envato and copyright (Read 43448 times)

Microbius · « **on:** January 19, 2012, 04:32 »

I got the latest Envato Mail (Issue 44) which had a link to an article about flyer designers. I can't remember the last time I saw so many copyright violations!!!! This makes the site look really amateur and unprofessional.
Did Marvel or Fox give their permission for this for example?
http://graphicriver.net/item/doom-flyer-template/265517

S. · « **Reply #1 on:** January 19, 2012, 05:04 »

I don't know about the use of the IronMan figure in the preview image, but it's not (or at least it should not be) included in the layered PSD you're going to download if you buy it.

In the page is specified "photo not included in the download".

On evanto marketplaces I often see pics from Pixar and Fox movies used only in the preview. But I don't know if it's legal or not. I suppose it is... since they are not selling those images.

Microbius · « **Reply #2 on:** January 19, 2012, 05:10 »

No it isn't legal at all. Not by any stretch. They are using the work to advertise their products, they can no more do that with a flyer than they could use image to promote a car without paying the photographer or IP owner.
It's really lame that a site we're meant to trust to protect our copyright has that stuff going on under their noses.
Especially when you contrast it to how careful most of the other sites are about their collections. Especially the established players like IStock.

Microbius · « **Reply #3 on:** January 19, 2012, 05:14 »

Quote from: Stepunk on January 19, 2012, 05:04

...... I suppose it is... since they are not selling those images.

...and this is what I mean. They are giving the impression that it is okay. I mean they are selling licenses to use images and blatantly ignoring the theft on their own site, so surely they must know what they are doing right? surely it is okay to just steal our stock photos and use them right?

cidepix · « **Reply #4 on:** January 19, 2012, 05:15 »

Quote from: Stepunk on January 19, 2012, 05:04

I don't know about the use of the IronMan figure in the preview image, but it's not (or at least it should not be) included in the layered PSD you're going to download if you buy it.

In the page is specified "photo not included in the download".

On evanto marketplaces I often see pics from Pixar and Fox movies used only in the preview. But I don't know if it's legal or not. I suppose it is... since they are not selling those images.

Well, you can't even use them in the previews if they are not paid for!

I have no idea if pixar, fox or other companies are compensated for their copyrights.. If not, it is illegal..

Karimala · « **Reply #5 on:** January 19, 2012, 07:16 »

Wow...there's a lawsuit waiting to happen, that's for sure. Can't imagine Chris Rock or Scarlett Johanssen would appreciate having their likenesses being used to sell templates, nor that they gave Envato/the designers permission to use their likenesses for blatantly commercial purposes. Without a model release, such images can only be used for editorial purposes...that's it.

From what I can tell at a quick glance, Envato is based out of Australia. I'm not familiar with their copyright laws, but here in the US, it is a violation of copyright laws for artists to use another artist's copyrighted work or a trademark in any promotional material, even when promoting our portfolios. For example, say I have a photo of a home interior that contains a painting someone else created. While I can show the photo as part of my portfolio, I cannot use it to promote my work without obtaining a property release. The copyright holder of the painting can sue me for copyright infringement.

Microbius · « **Reply #6 on:** January 19, 2012, 07:19 »

I've looked through the site and it's going on allover the designs for websites as well.
A lot of them use our stock photos too, and it is a fair bet that the designers won't be paying for those either if they think it's okay to use movie posters, stills and the like.

I am really surprised that this is going on so blatantly on a stock site.

Karimala · « **Reply #7 on:** January 19, 2012, 07:31 »

Posted this info in another thread, but thought I should also post it here...

Envato is not within the letter of the law, at least not here in the US. For an Online Service Provider, like YouTube, to be protected from copyright violations, they must be a registered OSP with the US Copyright Office. They are not registered.

http://www.copyright.gov/onlinesp/list/e_agents.html

mtkang · « **Reply #8 on:** January 19, 2012, 08:57 »

personally i think it is alright, the intention is clear enough. It is just showing how it can looks like, and didn't claim the rights of the image or sell it for profits.

Microbius · « **Reply #9 on:** January 19, 2012, 09:07 »

Really? You don't understand anything about what we are doing here then.
They are using the images to make their designs look good. There isn't a more direct commercial marketing use.
Why do you think people buy our work from stock sites?!? It's exactly so they can use them (mostly) to advertise their goods and services.
The designers in this example are in fact doing that in a far more direct way than most buyers who, for example will show a happy family photo to sell washing powder.
Here the image is actually integrated with the product in the ad.
If you don't have a problem with this then why are you selling your work? why not just give it away?

click_click · « **Reply #10 on:** January 19, 2012, 09:16 »

It must be ok as since yesterday I KNOW that this is art, and when you sell art, there is no copyright!

Microbius · « **Reply #11 on:** January 19, 2012, 09:40 »

lol, I had to search out the thread to work out what you meant.
Yeah, starting to feel like the lunatics are running the asylum, sites making a living by selling IP while not bothering to keep their own house in order.

Karimala · « **Reply #12 on:** January 19, 2012, 09:46 »

At least for its own protection, Red Bubble is registered with the US Copyright Office as an OSP, so they can't be sued...but the artists involved sure can!

jremick · « **Reply #13 on:** January 19, 2012, 20:34 »

Hi everyone, the issue here is actually more complex than it initially appears. Considering Envato's marketplaces involve outside sellers (authors), it adds another layer of complexity where authors are also responsible for copyright violations they commit. (I am not speaking on behalf of Envato in this legal area as that is not what I do for them. I am simply attempting to point out an additional variable involved in copyright for the Envato marketplaces.)

If I'm not mistaken, Envato has had their legal counsel take a look at this before (I don't know for sure as I was not involved in it) but this has been brought up with Envato's upper level management and legal counsel. The appropriate Envato staff will respond soon with an official explanation for the situation.

Thanks for your patience and understanding while this is sorted out everyone!

Microbius · « **Reply #14 on:** January 20, 2012, 02:51 »

Errr, no it isn't an "additional level of complexitity". What is being discussed is the exact issue that that you point out.

Some Envato authors violating copyright while Envato takes no interest at all in doing anything about it, even though we are supposed to be trusting the site with our IP.
The tacit support is so obvious it actually misleads people into thinking that these authors' actions are legal and acceptable. Just read some of the posts in this thread. I am sure that the majority of violators on the site also fall into this group. It is happening so blatantly, and Envato is so clearly accepting of it that it seems it must be okay.
This sort of thing would be unthinkable on any of the other stock sites out there.

I find it disappointing in the extreme that you have gone to legal council in the past to find out if you can "get away with it" rather than bothering to try and educate your authors about the right way to treat other artists property.

stormchaser · « **Reply #15 on:** January 21, 2012, 07:29 »

Microbius, While the item you originally linked has been removed, I ran across this one

http://graphicriver.net/item/advance-comics-publication-bundle/1180517?WT.ac=category_thumb&WT.seg_1=category_thumb&WT.z_author=mrcharlesbrown

Hmmm, and 10 sales. Because this infringes this infringes on Marvel Comics and the John Lennon estate, I wonder if commissions will be withdrawn from he seller's account?

From the Graphic River TOS http://graphicriver.net/wiki/support/legal-terms/legal-user-terms-and-conditions/

We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same.

I call BS here. Look down the page. Sean Connery, MTV. What a load of crap.

lagereek · « **Reply #16 on:** January 21, 2012, 11:16 »

Amateur site! my initial upload was a zip-file comp, lucky for me the files were somewhat corrupt and some had dissapeared, thank *! because later when I looked at their stuff in my fields, Industry, engineering and technology with people, jeez! what a load of rubbish I found in their search.

Microbius · « **Reply #17 on:** January 21, 2012, 15:34 »

Quote from: stormchaser on January 21, 2012, 07:29

Microbius, While the item you originally linked has been removed, I ran across this one

http://graphicriver.net/item/advance-comics-publication-bundle/1180517?WT.ac=category_thumb&WT.seg_1=category_thumb&WT.z_author=mrcharlesbrown

Hmmm, and 10 sales. Because this infringes this infringes on Marvel Comics and the John Lennon estate, I wonder if commissions will be withdrawn from he seller's account?

From the Graphic River TOS http://graphicriver.net/wiki/support/legal-terms/legal-user-terms-and-conditions/

We respect the intellectual property rights of others, and require that those people who use the Sites, or the services or features made available on or through the Sites, do the same.

I call BS here. Look down the page. Sean Connery, MTV. What a load of crap.

Wow, pretty much every item in that guy's portfolio is a lawsuit waiting to happen. Famous celebrity portraits and even a promo image from Starcraft.

We respect the intellectual property rights of others....... Pretty ballsy statement. You've got to admire the nerve. So when a reviewer sees an image of Spiderman, Batman and Superman used to promote a template above a photo of John Lennon they are thinking what when the let it on the site?
and not forgetting:
http://graphicriver.net/item/legacy-posterflyer-template/148335?WT.ac=category_thumb&WT.seg_1=category_thumb&WT.z_author=sevenstyles
Top three selling flyer template AKA Tron poster.

sharpshot · « **Reply #18 on:** January 21, 2012, 16:17 »

Wow +1. They need to change attitude and sort this out quick.

Karimala · « **Reply #19 on:** January 21, 2012, 16:22 »

The magazine templates are horrendous. This wedding mag is chalk full of celebrities...

http://graphicriver.net/item/24-pages-wedding-magazine-version-one/1321832?WT.ac=category_thumb&WT.seg_1=category_thumb&WT.z_author=ciolca

jm · « **Reply #20 on:** January 21, 2012, 16:27 »

This template even contains Getty logo on cover page.

http://graphicriver.net/item/32-pages-sports-magazine-version-three/1028881?WT.ac=portfolio_item&WT.seg_1=portfolio_item&WT.z_author=ciolca

edit: ...all images are previews - Getty, Mediafax...

Karimala · « **Reply #21 on:** January 21, 2012, 17:11 »

Wow.

Like I said before, Envato is seriously vulnerable to a lawsuit here in the US, because they aren't registered for protection with the US Copyright Office. If they aren't registered, they can be sued right along with the artist and any buyer who doesn't remove the material prior to commercial usage. They need to get with their lawyers ASAP before Getty et al catch wind of this, because Getty doesn't play nice when it comes to copyright infringement.

Scary that I, as a novice, know more about what Envato is supposed to do for protection than they do.

click_click · « **Reply #22 on:** January 21, 2012, 17:44 »

I wonder if they claw back the paid out royalties of (any contributor or) those who sold hundreds of their templates using 3rd party copyrighted material and achieved higher rankings/better benefits because of that.

It should be considered a breach of the contributor/usage terms and therefore they should get punished for blatantly uploading copyright protected material.

What gets me most is that these "products" are still reviewed by an Envato employee who:

1. Should have been trained in what is allowed and what isn't in terms of copyright

2. Regardless of #1 still doesn't care about Getty Images watermarks used for a commercial product. That's a no-brainer.

stormchaser · « **Reply #23 on:** January 21, 2012, 22:26 »

Quote from: click_click on January 21, 2012, 17:44

2. Regardless of #1 still doesn't care about Getty Images watermarks used for a commercial product. That's a no-brainer.

Yeah Getty has a big problem with watermarked stuff being used for comps that go live on the web and they have a team of venomous henchmen that hunt people like this down. Link:

http://cliffordmillerlaw.wordpress.com/2011/02/28/the-getty-images-rip-off-you-copyright-the-law/

A friend of mine who is a graphic designer got caught up in this (not this particular reference, but the Getty scam as a whole) - she used a comp image of a muffin or something - client posted to the web in a sort of hidden folder and forgot about it - Getty mafia found it. It's still bouncing back and forth amongst lawyers. Getty wants something like $2000 for use of the comp image, Boy they would have a small gold mine on graphicriver.

Microbius · « **Reply #24 on:** January 22, 2012, 03:12 »

Oh dear:
http://graphicriver.net/item/power-posterflyer-template/149732?WT.ac=portfolio_thumb&WT.seg_1=portfolio_thumb&WT.z_author=sevenstyles

It's not so much the obvious ones like the one here and the Getty example that bother me. Its how many of our stock photos appear on the templates generally, and the fact that with this culture on the site where obvious violations are ignored, it promotes the idea that it is fine (and legal) to use other people's images to promote your templates without permission or paying.

You can bet that none/ very few of these lower profile images have actually been paid for.

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Author Topic: envato and copyright (Read 43448 times)

Microbius

S.

Microbius

Microbius

cidepix

Karimala

Microbius

Karimala

mtkang

Microbius

click_click

Microbius

Karimala

jremick

Microbius

stormchaser

lagereek

Microbius

sharpshot

Karimala

jm

Karimala

click_click

stormchaser

Microbius

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