Question about licensing

[KimGuymon]

Hi All,

I am working on a project where I will need to make up some samples for graphics on a new website I'm developing. I will only need to use the digital scrapbook elements to create sample photos. I won't be using them or selling them otherwise. I just need to make the samples to show people an example of what they can make themselves.

The samples on my BLOG (http://www.kimguymon.com/2008/05/fathers-day-and-teacher-gift-ideas.html) are from products I made for myself and ordered. But when I put together a commercial site, I want to make sure I have given credit for the digi products used in the samples and make sure I'm on the "up and up" with my sample photos.

So, the question is... is this a commercial use license (keeping in mind I am NOT selling the graphics, just using them to make samples) or is this a S4O/S4H license? Or, do I just ask permission and give the product designer credit under the sample?

Thanks!

[michellebatton (mellowbutterfly)]

The best bet would be to contact the designer directly if you can't find the answer in their terms of use documents. Each designer will have a different stance on whether they allow their designs to be used in such a manner.

[disciple]

I would say that if you are using them on a commercial site then a commercial license would be needed but I agree with mellowbutterfly in the respect that TOU's are not all the same and each designer should be contacted for their specific terms of use on a commercial website.

[mcardall]

I would say that if you are using them on a commercial site then a commercial license would be needed but I agree with mellowbutterfly in the respect that TOU's are not all the same and each designer should be contacted for their specific terms of use on a commercial website.

In digiscrapping, a commercial license allows you to use the existing products to create new products for sale. The wording is a bit confusing and that's why there is such a push to change some of the terminology.

SOME designers (even S4H designers) do not allow their work to be used on a commercial site at all, even as samples. Like mellowbutterfly & disciple said, you'll need to read the TOU and contact each designer if you can't discern their stance. If you don't want to go through all of that, you could go with commercial use products. Just be aware that they are significantly more expensive AND you aren't usually allowed to just use them as-is. They have to be altered in some way.

I hope this helps! Your site is intriguing. Good luck!

[diannerigdon]

This is definitely commercial/professional use - you are using a designer's product to promote an entirely separate product in which you stand to benefit financially(or otherwise) and the original designer does not reap those rewards with you. You'll have to go designer by designer on this. However, you'll probably find plenty of designers willing to allow it in exchange for a link back. :)

On a side note, it's too bad you have to use explorer to view the rocketlife site. There are many firefox users in the digi scrap community.

[KimGuymon]

Thanks for all your replies. It is confusing and I keep hoping the digital community will come to a collective agreement on TOU's - it would make it so much easier - LOL!

I don't want to have to alter anything as with a commercial use product so I'll probably try to round up some people who just want link-backs to their site. I'm all for that since people will want places they can get digital scrapbook products anyway. It becomes a win-win.

I don't like that Rocket Life doesn't work with Firefox, they hope to have that fixed next year. I just pop open IE when I use it so it's not a total tragedy. But, the cool thing is that you can totally use the digital scrapbook stuff with their program - which is amazing in and of itself. The program will auto-arrange your photos for you and all you have to do is turn them if necessary and journal. It's a good program for the person who has never made a photo book as well as for the more advanced digital scrapper.

[DigiScrapMommy]

Hi Ladies,

I wanted to get some clarification regarding Kim's concern. If I am posting my "gallery" of pages (I created for myself), in my S4H website, do I have to get permission or a commercial license for every designer of every element I used? These pages are only used as example of styles and themes, and would NOT be reused for customers. These pages have all been posted on other digital sites, and all credits given.

I may have also completely misunderstood her question. I would realy appreciate your feedback, as I would really hate to violate the designers TOUs.

Thanks,
Jennifer / DigiScrapMommy

[mcardall]

Hi Ladies,

I wanted to get some clarification regarding Kim's concern. If I am posting my "gallery" of pages (I created for myself), in my S4H website, do I have to get permission or a commercial license for every designer of every element I used? These pages are only used as example of styles and themes, and would NOT be reused for customers. These pages have all been posted on other digital sites, and all credits given.

I may have also completely misunderstood her question. I would realy appreciate your feedback, as I would really hate to violate the designers TOUs.

Thanks,
Jennifer / DigiScrapMommy

Jennifer,
I would think that you would be fine. The designers who don't want samples used of their designs are few and far between... think Mo. I would make it a common practice to read each TOU for each kit that you download so that you know exactly what you can and cannot use each kit for. When my ACDSee is working, I tag each kit with any of the following tags that apply:

S4H friendly, NOW (i can use it right now. it's either free s4h use or i've paid the licensing)
S4H, need license (i have already purchased the kit for my personal use and if I want to use it for business, i have to purchase the license)
S4H, Personal Blogs (i can use these supplies for blog design)
S4H, cards (i can use these products for cards & invitations)

This helps me to immediately be able to open my program and know right away what I can use each piece I own for. If you come across any restrictions in a TOU, add a category for it. If you don't want to tag each piece of the kit that way, just tag the previews.

On my business site, I have a gallery of my personal pages. They are all pages that I have posted elsewhere. I think it is fine. I think I may have misunderstood Kim's question, too.

[DigiScrapMommy]

Thank you very much Meredith; you are a consistent source of good information. Now I can turn off my panic button!! I like your idea and I hope you don't mind if I "scrap-lift" it. I just started re-catagorizing my files to distinguish personal from business use, and I will need to do something like that. =)

Sincerely,
Jennifer

[mcardall]

Thank you very much Meredith; you are a consistent source of good information. Now I can turn off my panic button!! I like your idea and I hope you don't mind if I "scrap-lift" it. I just started re-catagorizing my files to distinguish personal from business use, and I will need to do something like that. =)

Sincerely,
Jennifer

I just wanted to add, even if it is a product that you don't currently do, it is easier to go ahead and add a category when you see it, than to try to go back and re-read every terms of use file when do decide to add a new product to your offering.

For example, when I first started tagging my supplies by what the TERMS allow, I was only thinking layouts & cards. Well, I have since added personal web/blog design AND quickpages. I know that I saw some terms of use that allowed both, but I can't remember what they were. Now I get to start the daunting task of re-sorting through TONS of stuff.

Good luck!

[KimGuymon]

Okay, I'm looking for a designer or two who would like me to use their products to make samples in exchange for a link. I would buy the kits, make the sample pages and then post credits and a link back to the designer's store under each sample photo in exchange. I won't be reselling anything, but anyone who likes the look of the product can certainly use the link and go get the kit themselves.

Anyone want to play with me on this? It's not really S4H and it's not really commercial use - I just want to make my samples look more like a digital scrapbook product than the sample photos I already have access to.

There's a chance this could go bigger than just my business. I know the company I am working with is talking about having better samples made and/or licensing some products they can add to their design gallery as they start becoming more digi scrap friendly.

Thanks!