Copyright of the included Images?


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artist75

Posted: 3/30/2009
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Hallo,

i purchased the standart edition of artisteer 2.0 and i really like it for a quick look on how a design may look like later on...

My Question is whats up with the Copyright of the included Material like images/textures/objects/icons in the Library?

Are they all created by the official Artisteer Team so they´re selled with the licence for the main programm?
 
David

Posted: 3/30/2009
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I'm no expert but I would assume these were created by the Artisteer program designers with the knowledge that the images are going to be used in templates that will be sold by designers to their clients or possibly in templates that may be freely distributed through template distribution sites.

Also, if they didn't design the images specifically themselves then I would assume the images came from somewhere specifying free use. There's also the notion of free photoshop brushes they may have obtained to make glares and other parts of the image library within the program.

I would think that if there was a big issue to worry about concerning fair use of the images within the program that they would have a page regarding copyrights for using the images and the program itself.

But, like I said. I am not an expert on copyrights.
 
AUDRA

Posted: 3/30/2009
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In Artisteer FAQ about resale, Artisteer says that you can use everything but foreground header image.
:-)
 
Lance

Posted: 3/30/2009
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Correct.
You can not resell a template that includes their foreground images.
You can however include glares, textures and header and background images.
 
Mike

Posted: 4/3/2009
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But presumably you can turn a template into a website and sell it, with and without foreground images?

This is a stupid question isn't it?

 
Marc Smith

Posted: 4/3/2009
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You can create anything you want with Artisteer as long as you DO NOT include the foreground images that are included with the Artisteer program.

If you use YOUR OWN foreground image, then you are fine.
 
Mike

Posted: 4/3/2009
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Quote Marc Smith:

You can create anything you want with Artisteer as long as you DO NOT include the foreground images that are included with the Artisteer program.


Then what are the foreground images for if you can't use them?
 
audra

Posted: 4/3/2009
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Quote Mike:

Quote Marc Smith:

You can create anything you want with Artisteer as long as you DO NOT include the foreground images that are included with the Artisteer program.


Then what are the foreground images for if you can't use them?


You can use it for your website - just can't resell it.
 
Mike

Posted: 4/3/2009
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Apologies for going on about this but it is important for me as I am a website designer and don't want to create a site I can't sell :-D

I am also new round here and don't know the staff from the visitors so I don't know if the people who have spoken are from Artisteer or not. And whether this is fact or opinion.




 
Lance

Posted: 4/3/2009
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Mike,

If you see the name "Artisteer" thats staff...the rest of us are just visitors.
IDK they might be visitors too, I never tried to post anything using the name "Artisteer".

http://www.artisteer.com/?p=faq#faq6

Can I resell or redistribute exported Wordpress™, Joomla!™, Drupal™ and Web Templates?
Yes, as long as you do not include Artisteer photo objects within your header (Header -> Foreground Photo), as those photos are licensed from a 3rd party only for your own use. You may re-distribute any other designs you create, including those with Artisteer header background photos (Header -> Background), glares, page backgrounds and other provided graphics, and your own photo objects.
 
Mike

Posted: 4/3/2009
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Lance,

That section you quote isn't relevant to what I am talking about though as that is talking about reselling or redistributing Templates, not websites.


Mike
 
Marc Smith

Posted: 4/3/2009
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Mike,

If you create a site for someone, you can use anything in Artisteer. Essentially YOU still own the design as YOU were hired to create it for a client.

If you create the template with the express intent of SELLING it, either once or multiple times (meaning you aren't going to manage it, install it or maintain it for a client of yours) then you can't SELL the foreground images that come with Artisteer. You have to use your own by importing them in Artisteer.

The images that are in the foreground library are copyrighted and can't be sold. If you import your own foreground image into a design you make, they there are no issues.

Now, if this explanation isn't clear, then please describe in detail what you want to do as far as "selling" goes and we can give you a basic YES or NO response to what it is that you are looking to do.
 
Mike

Posted: 4/3/2009
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Thanks Marc, that's 100% clear. Your first paragraph answered what I was getting at. I was never talking about selling templates.

Mike

 
Lance

Posted: 4/3/2009
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Mike,

You may want to think about this matter a bit more. Copyrights can be very tricky to navigate. The way I see it is that even if you build a template for a client that you provide hosting, design and maintenance for by delivering to them a design with copyrighted images in it may violate the owners copyright still unless the agreement they have with Artisteer explicitly allows this. Most licensing agreements rarely extend beyond two parties, in this case that would be Artisteer and you, not your clients.

I interpreted "own use" to be personal use. This can become further complicated by the wording of any contract or agreement entered into between you and your client and their rights. I also believe that once you have entered into a contract with a client you are effectively "distributing" these files, where they are hosted and by who does not matter. Until an official Artisteer representative answers how far their licensing extends I would be very wary of distributing copyrighted work to my clients.
 
Woofa

Posted: 4/3/2009
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Just as with any program you can create something with it doesn't mean the program creator is the copyright holder. If you create a template with Artisteer that work is YOURS, you are the copyright holder, period. In Artisteer's information it states that the only thing that would fall under copyright is the forground images provided that you can use for your own site but cannot use in a template you might sell to someone else. It's really not that difficult of a concept.

If I create an image in Photoshop does Adobe own the image? No.
 
Marc Smith

Posted: 4/4/2009
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The foreground images that are included in Artisteer are the ONLY issue here. They are licensed to Artisteer, but they are not licensed to re "redistributed", meaning you can put them on or a site for sale "multiple times to multiple users"

That's the simple translation.

If you want to be safe, create designs that do not include the foreground images that Artisteer includes.

Artisteer has already comment in the forum in other places that you can:

1. Remove the bylines and all references to Artisteer from your templates.
2. Sale of your templates is ok if you do not use the foreground images

I've directed this thread to Artisteer's attention so they can put some sort of official word on it.
 
Artisteer

Posted: 4/4/2009
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Hello,

Based on the information I have and previous customer service communication I'd like to confirm that what Marc wrote above is correct.

Artisteer includes 3 types of graphics:
1. Header background photos.
These are public domain photos that can be distributed and re-distributed in any way without restrictions.

2. Header foreground photos (photo objects).
These are licensed from a 3rd party for use by Artisteer customers on their and their individual clients' websites. They cannot be redistributed in a standalone or altered form, which means they cannot be resold or included in web templates intended for mass distribution/resale. Artisteer users can use them for creating individual websites - whether theirs or their client's. Mainly listing such templates for resale is not allowed.

3. Glares and other art and graphic effects.
These are created by our team and offered to Artisteer customers for any type of use and redistribution when included in templates they create, even if templates are intended for mass redistribution/resale.

Templates created with Artisteer can also be edited in any form anyone desires, unless the person creating them restricts their modification or use. In other words, except for #2 or unlicensed product use, you are the original creator of your template and can put your own licensing terms on it.

In Artisteer version 2.1 we've also added a new template export option allowing you to disable the default "created with Artisteer" footnote, or include your author information instead.

Hope this helps!

Paul Hudson
Artisteer Team
 
citrix34

Posted: 4/5/2009
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Thanks.... O:)
 
Ga con

Posted: 8/12/2009
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that's mean Header foreground photos include all photos in folder " library/images" ? sorry for my E
 
andy

Posted: 1/8/2010
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does this refer to the people images.

if I want to resell a template can I still use the background images, just not the people. is that correct?
 
Garry

Posted: 1/8/2010
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Yes, you can include background images but can't use people images(foreground) if you are going to resell, redistribute template.
 
Lars Steinmann

Posted: 9/27/2010
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Can i get a License from the 3rd party for the foreground picture in the header?
I dont find a picture like that!
 
Adeptris

Posted: 9/28/2010
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The images come from www.shutterstock.com or www.istockphoto.com

Istock would be the best place to look, you can licence the images for for a few bucks, to use in your own theme or for a clients.

Look at waht is in the image and do a search,

For a downloadable theme you need an extended licence which costs a lot more.

HTH

David
 
Tom

Posted: 9/28/2010
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You CAN use the foreground image for you and your clients. You can not set up a website selling templates with them included.templates. From the FAQ.

Can I resell or redistribute exported Wordpress™, Joomla!™, Drupal™ and Web Templates?

Yes, as long as you do not include Artisteer photo objects within your header (Header -> Foreground Photo), as those photos are licensed from a 3rd party only for your own use or in your consulting work. You may re-distribute any other designs you create, including those with Artisteer header background photos (Header -> Background), glares, page backgrounds and other provided graphics, and your own photo objects. NOTE: The above restriction applies only to templates created for sale. There are not restrictions on creating individual web designs and templates for yourself and your clients.

 
Peter Robinson

Posted: 10/1/2010
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Is it possible to add my own photographs/images for articles into the drop down design menu of images that appears in the menu bar? Other than adding such images AFTER designing the template(s), I can't see any other way of adding to the istock images already included in the groups (People, Animals, Nature, etc).

This would partly get round the main theme of this thread, and also enable me to add my own stock of images into the menu from the outset.

Thanks

 
Garry

Posted: 10/1/2010
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Artisteer doesn't support adding images/graphics to its library instead you can add your graphics where you see the option to insert it like header-> background, header-> foreground, icons etc.

 
Flanna

Posted: 12/26/2010
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Why didn't Artisteer include royalty free images that can be used in any design whether you are selling it or not?
 
Basarwa

Posted: 7/9/2011
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Hi.
could some some let me know if it is possible to design a website template in artisteer that you can put the search module at the header. i mean just on the header.
example design:http://www.s-go.net/Blog/joomla-template-maker.html
 
Garry

Posted: 7/10/2011
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No, but you can do it manually by copy pasting all the "search" HTML/CSS to header, Firebug may be very helpful.
 
Buntha

Posted: 10/23/2011
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Hi,

How can i import my template design in photoshop into artisteer 3.0?
 
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