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Copyright/Licensing Issue

PostPosted: 04/6/2013, 2:13 pm
by 3CardMonte
I want to understand this completely.

On videohive.net, people sell templates which need certain plugins to work. Sometimes, to eliminate the need for the plugin, these individuals will 'bake' a nondynamic layer to be used in the composition. Is this allowed?

Simply: Is it legal to prerender an optical flares effect and sell it as part of a stock project/stock footage package?

I have also seen 'Animated Backgrounds' sold in a similar fashion which relied on element 3d to render. To me, it is CLEAR they used element 3d to render the work. Have I misunderstood the license agreement? Is this allowed?

I have read the agreements, I am just getting very confused seeing some work which is being sold on very popular sites.

Re: Copyright/Licensing Issue

PostPosted: 04/6/2013, 2:58 pm
by klaus brandenburg
As much as I read about this issue here and on the videohive forum it's not allowed to prerender anything with Element for use in templates made for the public (whether sold or not). As far as I'm aware, this is the first plugin that has such limitations even though we bought the plugin and maybe even the model packs and honestly I think this is a hard slap in the face of customers even though I'm not selling templates.

I guess the #1 reason for Element not having shadows and reflections is that it's much easier to identify what has been created with a 3D software and what has been done with Element ;)

Re: Copyright/Licensing Issue

PostPosted: 04/6/2013, 7:11 pm
by Andrew Kramer
Our goal is to maintain the uniqueness and value of our plug-ins for the benefit of our customers.

When we released Optical Flares, the template marketplace was plastered with pre-rendered lens flares straight from Optical Flares with nothing more than a plain text layer. This of course affects our business but it also affects the template business, when zero effort goes into the designs, it's harder for quality templates to get noticed. Our goal with Element 3D is to limit the excessive usage that may devalue the product in the hands of paying customers and provide a level playing field for template makers where creativity stands out.

Oh and shadows are only a version away...
http://www.videocopilot.net/blog/wp-con ... w_tech.jpg

Re: Copyright/Licensing Issue

PostPosted: 04/7/2013, 1:11 am
by klaus brandenburg
oh and what's even more interesting...light blocking!!! now we're talkin :)

Re: Copyright/Licensing Issue

PostPosted: 04/7/2013, 7:34 pm
by 3CardMonte
Andrew Kramer wrote:Our goal is to maintain the uniqueness and value of our plug-ins for the benefit of our customers.

When we released Optical Flares, the template marketplace was plastered with pre-rendered lens flares straight from Optical Flares with nothing more than a plain text layer. This of course affects our business but it also affects the template business, when zero effort goes into the designs, it's harder for quality templates to get noticed. Our goal with Element 3D is to limit the excessive usage that may devalue the product in the hands of paying customers and provide a level playing field for template makers where creativity stands out.

Oh and shadows are only a version away...
http://www.videocopilot.net/blog/wp-con ... w_tech.jpg


The reason for my concern is because I am starting a business where I teach small business owners, affiliate marketers, and local SEO specialists video marketing. I teach the basics of lighting, shooting, editing, motion graphics etc. My main demographic are people who are tight on money and need to bootstrap things like video production, and can't afford to hire a motionographer or video guy.

I have created a package of 20 niche specific animated backgrounds I plan to start selling by the end of the month. This is a trailer I cut for it:


(The promo was cut entirely of backgrounds to be used in the pack.)

The first background in the trailer heavily uses optical flares. I want to ensure it's legal for me to sell. One of my freelance designers used Element 3D for one of the backgrounds (around the :16 or :17 mark of the same video... the animation with dollar signs)

I want to purchase element 3d for my home machine for the next package. However if it's not legal to do so it'd be a waste of capital to purchase Element instead of ProAnimator5.

To sum up my questions:
1) Is it legal for me to release the backgrounds in my pack which include optical flares?
2) Is it legal for me to release the background which uses Element 3D?
3) If I purchase Element 3D, will I be allowed to sell future animated backgrounds which include element 3D?

Re: Copyright/Licensing Issue

PostPosted: 04/7/2013, 11:31 pm
by klaus brandenburg
I'd like to add a general thougt to this question/discussion. I learned about all those limitations only by accident when googling for something different regarding Element. Since I don't read EULAs like any other guy and somehow think I can use what I paid for and sell the output in any form I never would have thought of such an issue. But well, here we are with Element and lots of customers who aren't able to interpretate what's in your EULA. I bet even ten different laywers could come up with twelve different interpretations and I would go even further to say that any feedback you VC guys give is rather some gut feeling. So why don't you compile a list that we non-laywer graphics people are able to understand because this seems to be much easier than each of us hiring a laywer to translate it for us.

Also I would like to point out another issue. Lets say I want to sell a template that shows a model that I purchased from any 3D marketplace. Since I'm not allowed to prerender it because you want people to purchase Element too, I would have to include the original model in this project too. Since I'm not allowed to re-sell that model (naturally) I'm kind of stuck here, right?

Re: Copyright/Licensing Issue

PostPosted: 04/9/2013, 4:10 pm
by 3CardMonte
I didn't start the thread looking for a conversation.
When somebody gets a chance, I'd really love to know the answers to these:

1) Is it legal for me to release the backgrounds in my pack which include optical flares?
2) Is it legal for me to release the background which uses Element 3D?
3) If I purchase Element 3D, will I be allowed to sell future animated backgrounds which include element 3D?

You can see the details of my specific usage and situation above. Thanks

Re: Copyright/Licensing Issue

PostPosted: 04/14/2013, 7:25 am
by 3CardMonte
I am waiting to post my product until these three questions are answered. I feel that because there was someone else on here making the situation a big 'issue', my actual situation and questions became overlooked.

Re: Copyright/Licensing Issue

PostPosted: 04/14/2013, 8:30 am
by Icemak
I think what Klaus and andrew are saying 3CM is:

(1) Yes
(2) No
(3) No

To add to the discussion from my Lawyer-Developer Hat.
It would be nice to Allow Prerendered E3D layers for stock, but NOT the obj as with Elements great design, the fun and what makes it stand out vs every other AFX-plug in is how you can be creative with it where 1 prerender will never overflow the market like the OF's did.

Re: Copyright/Licensing Issue

PostPosted: 01/18/2015, 6:10 am
by duchamp30
but, what happens if I work for a company who specializes in marketing stock footage. They make an order to me to make a video as a client requests me to produce a film, or clip or advertisment, what I can sell to them according to the EULA. So I sell my "film" to an agency who than sells it on a stock website. They are not intrested nor they have to be what software was used they just orderd a footage. Who is responsible in this matter. I dont have to know what is they final purpose for the video, it could be for a film, or a trailer which is allowed by the EULA. Should the company know the EULA of every single product in the world?