Does videohive allow the exclusive author sell their own videohive project customization in fiverr?The interesting thing is many unknown people sell my products in fiverr.
If you are selling the rendered video and not the after effects project then I think it is ok since customers are doing it.
but they have to buy a license every time,
and so as their basic prices lie in limit 10$ I have arise doubts
in any case it is illegal as they do not even leave a link to the original source
In videohive Author cannot purchase his own items
Why should you buy your own item? Don’t you already have all the necessary files?
Always remember, the product is yours. You are the owner. Envato has it’s rules on how you can sell in the marketplace. They do not limit you from freelancing, selling to your customers by making personalizations and so forth.
Note Envato license terms below:
Do I need to pay to use my own items within the applicable license terms?
No. You can use your own items for free in your freelance work for clients. If you’re exclusive, remember you can’t distribute your own items elsewhere.Example: You could use your own web template for your client’s website.
Just remember that you cannot provide the same item as is that you are selling on Envato, for sale on another marketplace.
Thanks
@chinmay3d – Sorry, the reply that you’ve set as the “answer” is generally not accurate, and I want to make sure you understand how exclusivity works, so please read below.
You don’t need to buy your own project, but your client/customer does.
If you’re selling a service on Fiverr, such as editing your own template, each time you use a template that is exclusive to Videohive, your customer must purchase a license on Videohive first.
When an author has entered into an Exclusive agreement with Envato to sell their items on an Envato marketplace exclusively, that means the author DOES NOT have the right to use those files without selling a license first. On the other hand, if an author wants to use or sell their items however they wish, they may set their account to non-exclusive, and use the files as many times as necessary without worrying about licensing.
Sure, your art is your art, but not if you agreed to an exclusivity contract. Having an exclusive Envato account and subsequently selling those items elsewhere is a breach of contract and may result in termination of the account.
As long as you’re publishing exclusively to Envato, you are not in breach. The agreement is a platform exclusivity agreement. It does not mean Envato owns the item you choose to sell through this platform.
The OP wants to provide a service. Rightly so and normal to do as a freelancer. He does not want to open his own shop or sell on a competing platform.
Customer: I want a video file that captures city life in timelapse in 30sec.
Freelancer: I have such a file which is quite long but I can cram it to fit in 30secs.
Sold. What’s the problem?
Exclusive Envato authors CANNOT make their items available anywhere else – including using them in freelance projects or within services like Fiverr (please see the highlighted boxes from attached screenshot). Offering a service that features Exclusive project files found on an Envato platform (such as Fiverr, or any other marketplace) is a breach of contract.
Exclusive authors MAY feature their exclusive items on Fiverr, as long as the end customer purchases a license from Envato first.
An author that wants to sell services on a different platform such as Fiverr featuring items available on any Envato marketplace must first set their Envato account to non-exclusive.
This is why if you’re an Exclusive author, and you have your own website featuring your exclusive items, you MUST link back to the Envato marketplace for customers to purchase those items. Once you’ve entered into the exclusivity agreement with Envato, you no longer own the rights to distribute those items anywhere but an Envato marketplace.
You are pointing to an unrelated faq item. That’s only valid in case someone approaches you within Envato to buy your item. Obviously in this case you are morally obligated to ask them to purchase a license.
This is why if you’re an Exclusive author, and you have your own website featuring your exclusive items, you MUST link back to the Envato marketplace for customers to purchase those items.
That’s starting your own shop. A separate platform to sell the same item. It’s in conflict with Envato marketplaces and not allowed.
When you freelance, that’s a separate story:
Do I need to pay to use my own items within the applicable license terms?
No. You can use your own items for free in your freelance work for clients. If you’re exclusive, remember you can’t distribute your own items elsewhere.
Are you saying Envato got their very own exclusivity agreement wrong?
That’s envato saying: You can use your own items for free in your freelance work for clients.
I am not making this up.
Let’s see if I can pose this another way:
If a customer hires you on Fiverr, and you use an Envato-exclusive item to complete that project without the customer paying for a license, that customer does not own a license, and therefore you (or the author) are not using the item under the applicable license terms. You’ve now distributed that exclusive work on a separate platform that you agreed to make available only on an Envato platform.
Why would Envato even have an exclusivity option if they’d allow an author to just make the work available for hire through a platform like Fiverr? Exclusivity means Envato-only, not “I can still do whatever I want with this item”.
Yes, any Envato author always owns the rights to their own work, but once they’ve agreed to an exclusivity contract, they no longer own the rights to offer or distribute those same items on another platform, unless the end user purchases a license from Envato first.
Again – if an author’s account is set to non-exclusive, there is no breach of contract or breach of license agreement.
Why would Envato even have an exclusivity option if they’d allow an author to just make the work available for hire through a platform like Fiverr?
Envato Studio and Envato marketplaces aren’t the same thing right? One provides freelance services and the other a platform to sell products.
Likewise, selling a product on a marketplace and freelancing aren’t the same thing. Since you already agree that you own your work, you are free to do with it whatever you want. Just don’t publish it on another marketplace i.e. shop.
Do I need to pay to use my own items within the applicable license terms?
No. You can use your own items for free in your freelance work for clients. If you’re exclusive, remember you can’t distribute your own items elsewhere.
I’m not sure why we need to debate this any further.
Rule clearly said that using own items for free in freelance is allowed. And that is it.
We don’t sell items. We deliver end products based on our previous work and experience.
What you say sounds not right. For example I use my own textures in items. So I can’t use them anywhere else, because they are the part of my items?
Yeah, although you’re usually right, you’re wrong on this occasion! No issues with selling the end product outside of Envato, whether the client buys a license or not. You’re right that you can’t sell or give away the item outside of Envato, but you can sell or give away an end product created using that item.
Furthermore you can give items for free. Here is the support answer:
“Obviously removing a watermark has its inherent risks but as long as the item is not being sold, you’re free to pretty much do what you wish!”
UPD: I asked if I can upload my motion graphics on youtube and instagram without watermark.
UPDATE: See solution above for the outcome. It turns out that exclusive authors actually MAY NOT use their exclusive items for services on other websites such as Fiverr.
Ahhh, ok – I stand corrected! I was under the impression that an author might be inclined to include the working project files with a finished product.
They got that bit wrong then!
“If you choose to offer your items on an exclusive basis, then you’ll benefit from lower author fees, but this means you cannot sell, distribute, or even give away for free your items outside of Envato. This includes on your own website”.
But using your own content on Youtube is fine, whether they’re watermarked or not.
So if I get contacted by someone who wants me to customize and render a logo reveal template of mine he does not need to purchase the After Effects project file from Envato because the only thing he will get is a single .mp4 file, which is the end product, from me. Did I get this right?
I always insist the customer to buy from videohive and then proceed to customization