JoomlArt Forums 32,862 posts

[bossej Friend bossejJoin date: April 2008Posts: 28Downloads:0Uploads:0 Thanked: 1 times in 1 posts]

#136920

JoomlArt’s templates comes with photos and other graphics. Is it legal for me to use all of them on my site?

/Bosse

[questbg Friend questbgJoin date: May 2008Posts: 1912Downloads:0Uploads:1 Thanks: 146 Thanked: 339 times in 197 posts]

#285611

Hi Bosse

I would imagine that JA purchase the images from the likes of http://www.istockphoto.com and usually, with sites of that nature, the licence only allows for use on your own promotional material or site.

What I’m saying is, they may have paid for the images, but only for use on a JA domain, if you use them, you will probably be breaking copyright of the original photographers.

(although I’d like the official JA response too!!!)

Cheers
Chris

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285612

There you have to get clarification from a Joomlart.com official. Or you may read the terms and conditions of the club. Some clubs provide the graphics of their demo content as content that can be used, meaning the license they bought the stock images with is also including the right for their clients to use the stock images on own content. Other clubs do not, the demo content is only there to showcase what a user can do with the site but with own content. This is often only a license issue as the stock images can come with varying licenses.

When you refer to all except the stock images of the demo content, meaning all what is included when you install the template only into an existing Joomla site, this may be out of question as this is the basic material.

The same question for me comes up when I look at JA ZinC, I haven’t installed neither quickstart nor template but it looks like the background pictures are partly from trademarked brands like Nintendo and others. This is legal in demo site to showcase the possibilities for a later use and it may also be legal when you use it on a 100% private site where that is first not a commercial site and also does not receive high volume of traffic. Some companies refuse anyone the right to use brandmarked content even on a sole private site and it is up to their discretion how to define their policies.

You have to wait for JA to give exact infomation but it also interests me…;)

[bossej Friend bossejJoin date: April 2008Posts: 28Downloads:0Uploads:0 Thanked: 1 times in 1 posts]

#285613

Thanks guys.

Oki, we’ll wait for the official answer from JA.

/Bosse

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285619

In the Terms and Conditions is no paragraph for the Quickstart content, all what relates to copyright is set forth in this paragraph and it may be good to know some exact definition with the quickstart / demo content.

—
I. COPYRIGHT INFORMATION
All editorial content and graphics on our sites are protected by U.S. copyright, international treaties and other applicable copyright laws and may not be copied without the express permission of JoomlArt.com, which reserves all rights. Re-use of any of JoomlArt.com’s editorial content and graphics for any purpose without our permission is strictly prohibited.
—

As in another paragraph is more or less said that a club membership or developer membership entitles one to use the “content” provided, it is not so clear. As here it may be the template as content provided and not the demo content. And Re-use may also be related to sell the products, which is prohibited in any case.

[sunrise Friend sunriseJoin date: February 2007Posts: 920Downloads:0Uploads:5 Thanks: 103 Thanked: 166 times in 114 posts]

#285622

This is a very good question. JA should give an answer to this and also clarify this or notify members about this to prevent any copyright infringement.

[bossej Friend bossejJoin date: April 2008Posts: 28Downloads:0Uploads:0 Thanked: 1 times in 1 posts]

#285626

<em>@wooohanetworks 105049 wrote:</em><blockquote>Re-use of any of JoomlArt.com’s editorial content and graphics for any purpose without our permission is strictly prohibited.</blockquote>

Oki. Well, here we go:

I hereby do an official request to JoomlArt to have the permissions to use the graphics enclosed in the files I’ve downloaded on my homepage.

If you (JoomlArt) want me to do this request in any other way, just tell me.

/Bosse

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285633

The one thing is, as it was mentioned already, one can purchase the same pictures at http://www.istockphoto.com

They work with a credit system where the smallest version of pictures like 300x300px is mostly available for 1 credit, where the largest ones, like 5000x5000px are available for 12 credits.

One can buy pay as you go credits, 10 for 14$ and up to 1000 for around 1200$ or buy a commercial subscription plan that is indeed cheaper when you purchase a lot of artwork.

When JA does not provide the license with the developer membership, it could be managed to provide some data and links were the pictures come when someone like to have the exact same ones for a page within the read me package of the templates.

BUT I think most of the users will not use those at all, as when you first go to Istockphoto and see all the material they have you will want to use a lot more that also will probably not be seen on any other JA Members Sites as when all would use the same as provided with the demo content.;)

P.S: I don’t know, but I think you know YouTube and that there is some big deal about copyright infringement. This is related to the videos uploaded. BUT as far as I know has no company ever coming up with some complain when a user uses a background picture for his or her channel that is protected by copyright. So personal use of static art is mostly tolerated as long it is not a commercial site or a commercial YouTube channel, like the YouTube Partners have, they are not allowed to use any kind of copyrighted material also not for their channel background or logo etc.. Compared to this case, it seems to me like using any such material in a commercial surrounding may be strictly prohibited unless Joomlart.com provides the license for it, but to use it on a site that is not commercial, also when this is rare at all, would mostly be tolerated.

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285635

<em>@bossej 105056 wrote:</em><blockquote>Oki. Well, here we go:

I hereby do an official request to JoomlArt to have the permissions to use the graphics enclosed in the files I’ve downloaded on my homepage.

If you (JoomlArt) want me to do this request in any other way, just tell me.

/Bosse</blockquote> I think the super moderators who are in the position to handle this case will rarely look over this thread in the template help forum. Whether you send such a formal request on behalf of all members directly to “MICCAS” via PM or you post this in the more prominent public forums. To send it via PM and to wait for a day and to have the following outcome posted here or on the public forums would be quite better.:)

[bossej Friend bossejJoin date: April 2008Posts: 28Downloads:0Uploads:0 Thanked: 1 times in 1 posts]

#285637

<em>@wooohanetworks 105066 wrote:</em><blockquote>I think the super moderators who are in the position to handle this case will rarely look over this thread in the template help forum. Whether you send such a formal request on behalf of all members directly to “MICCAS” via PM or you post this in the more prominent public forums. To send it via PM and to wait for a day and to have the following outcome posted here or on the public forums would be quite better.:)</blockquote>

🙂 Hehe… Of course not. I just wanted to rock the boat, and see what kind of answer I’d get…

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285686

<em>@sunrise 105052 wrote:</em><blockquote>This is a very good question. JA should give an answer to this and also clarify this or notify members about this to prevent any copyright infringement.</blockquote>

I think this would be the solution indeed…

[mj1256 Friend mj1256Join date: June 2007Posts: 1473Downloads:10Uploads:35 Thanks: 84 Thanked: 225 times in 118 posts]

#285688

I bet the copyright issue related to the use of graphics is not anything that they even gave a thought to before this was brought up. I also hope that they reply and tell us, but they may not know what the liability on the image copyrights are anymore than we do.

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285692

I doubt this as when I go to Istockphoto and want to purchase some stock images I have the options to buy several license types, when I remember it correctly.

Otherwise, I only know that in Yootheme’s terms and conditions it is mentioned in a paragraph that the “Quickstart Content is solely for representational use and one is not allowed to use the content on a site on is building, with any type of membership one may have”.

Yootheme Terms:

“Notice: Re-use of any graphics, icons or photos from the demo content for any purpose is strictly prohibited. The demo content is only for demonstration use.”

I simply miss a disclaimer like this in the JA Terms, as it is mentioned “Re-use of site content is prohibited” but it is not clear if this includes the Demo Quickstart content. When this means it is not prohibited than I accept it without asking questions but it should be more precise to the members. I do not use demo content anyway, but to know will be better.

[scotty Friend scottyJoin date: March 2008Posts: 2339Downloads:0Uploads:13 Thanks: 76 Thanked: 827 times in 595 posts]

#285693

Reading Joomarts ‘Terms of use’ (https://www.joomlart.com/terms_of_use.html) it is quiet clear from the first paragraph that you do NOT have permission to use any of the editorial content….
I. COPYRIGHT INFORMATION

All editorial content and graphics on our sites are protected by U.S. copyright, international treaties and other applicable copyright laws and may not be copied without the express permission of JoomlArt.com, which reserves all rights. Re-use of any of JoomlArt.com’s editorial content and graphics for any purpose without our permission is strictly prohibited.There is no other mention or ‘loophole’ in the T&C’s that contradicts this.

[wooohanetworks Friend wooohanetworksJoin date: September 2008Posts: 1239Downloads:0Uploads:2 Thanks: 148 Thanked: 138 times in 41 posts]

#285697

Re-use of any of JoomlArt.com’s editorial content and graphics for any purpose without our permission is strictly prohibited.

Why not adding the same paragraph as Yootheme? As for Fonts, this applies:

We are not licensed to provide certain true-type fonts (TTF) that might be used on any or all of the provided templates. These require you own or purchase the fonts from their respective owners.

It simply makes it easier for some to understand.

As when I take the phrase above, “all content and graphics for any purpose”, than we are also not allowed to use any graphic provided, let it be “bot-nav-bg.gif” or main-nav-bg.gif” or any module header, menu icon etc.. any part of the template without adding our own new own graphics to it. “Editorial” can have a very wide-set meaning.

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