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Messages - sure8

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1
Illustration - General / Re: Rights on ps custombrushes
« on: July 10, 2012, 19:35 »
iStock's take on this: http://www.istockphoto.com/help/sell-stock/training-manuals/illustration/quality-standards-custom-fills-and-strokes (includes brushes etc)

just read your ost after my last one.

ok thanks. istock explains the following term: "If youre submitting files containing effects you didnt 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.

2
Illustration - General / Re: Rights on ps custombrushes
« on: July 10, 2012, 19:06 »
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?

3
Illustration - General / Re: Rights on ps custombrushes
« 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 cant resell or redistribuite the original files. In example you can use our icons in a web template and sell it, distribute the icons youve used along with the theme, but you cant 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 cant 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.

4
Illustration - General / Re: Rights on ps custombrushes
« on: July 10, 2012, 15:52 »
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?

5
Illustration - General / Re: Rights on ps custombrushes
« 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?

6
Illustration - General / Rights on ps custombrushes
« 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?

7
Newbie Discussion / Re: why can't I start a new thread?
« on: July 10, 2012, 05:43 »
johoe!

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