Hi. Most common problem during last few months is usage of Elements music by broadcasters. Envato Elements license terms say " Are streaming platforms considered TV/Broadcast?
Streaming TV and video-on-demand (e.g. YouTube Live or video available on a streaming platform such as Netflix) are considered broadcast use. Therefore, it is not allowed to use music items under your Envato Elements subscription on those platforms. However, simply uploading a video to YouTube or an Instagram account is not broadcast and is allowed under your subscription, provided that it is not being streamed live or is available on-demand and behind a paywall, and otherwise complies with the terms of your Elements license." So as i see here, live streaming on YouTube is broadcast usage. Am i right? What if broadcaster use their YouTube channel to duplicate or stream their video content from TV channel? What if in some cases YouTube channel serve as broadcast platform for this company, together with TV/Satellite channel? Can someone official reply to explain difference? @BenLeong could you please redirect this question and post official response.
From a license expert …
Correct, broadcast use is not allowed as per Elements license. If the customer wants to use Envato Elements for broadcast, they need to acquire the Enterprise plan. Alternatively, they can purchase the broadcast license from AudioJungle.
YouTube Live is considered broadcast.
What if broadcaster use their YouTube channel to duplicate or stream their video content from TV channel?
In this case, the original use would be with TV channel, no? So if Elements assets are used there broadcast rights would have to be acquired.
Hi KingDog, what is the enterprise plan? what are the broadcast license terms under that plan, and how is the author remunerated?
Yes. We need answers. How much they pay for this plan? How to identify those licenses?
Hi Andy & Lumen.
There is no single “Enterprise” subscription type for Elements: these are all bespoke plans, negotiated separately for each of those customers.
In general, if a customer is looking for up to five seats for the standard Elements subscription, they use a Teams account. Enterprise subscriptions can involve 6+ seats, tailored indemnification, or custom licensing, specific to that customer’s needs: the most common of these is additional indemnification cover.
The pricing of each Enterprise plan reflects the scope of the usage that it involves. Subscriber revenue from these is then split following the normal Subscriber Share model.
Enterprise sales have historically been a pretty small part of Elements: they’re relatively costly to obtain (requiring a dedicated sales team, for example), but they’re obviously much more valuable in the long term. We’ve begun putting more resources into this area though, as there’s a lot of potential growth.
@BenLeong , thanks for the answer. The problem we have now, and it’s urgent, we need official tool for verify licenses from our buyers. When they send us license code, we actually can’t officially and reliably check if this codes are valid. It’s serious loophole in system and i am shocked, that Envato left us with nothing to check if this license valid or not. There is also few cases of so-called “sharing” of Elements assets with other people. I mean pirates, who obtained one Elements account, but reselling downloaded assets with other people (Sharing of Elements account is prohibited). With no tools for checking licenses we and Envato, both vulnerable for misuse of our products. We desperately need such tools. Especially those of us, who protected copyright using Content ID. Enterprise account creates even more trouble. Permitting broadcast usage with no tools to check licenses are serious danger for all parties involved - for buyers, for Envato and for us. One more thing to note - for downloaded music i suggest to clearly write in bold letters in license file “Broadcasting is prohibited”, because dozen of TV companies from third world countries caught using Elements subscription for broadcast purposes. This is huge problem to negotiate with this companies, some of them legalized their licenses, some refused to do it. I can imagine that Envato tried (and with success) to jump on leaving train of subscription services few years ago, but time have changed, we are now not in a Wild West. We need tools to protect intellectual property, it will help both us and customers. It’s simple. Every customer receives license certificate when downloaded asset. There is embedded license code. Please do tools to check this code for us.
Thanks for the explanation @BenLeong. I wasnt even aware that such an enterprise plan existed, and was under the impression that broadcast use is prohibited from Elements files, end of story. Even if these plans are not commonplace, I find it a bit unsettling to think that broadcast terms could be negotiated on our files and we would have no knowledge of that, and no details of the broadcast use.
Thank you @BenLeong , when other authors who are publishing hundreds of new items on audiojungle (like me) will be invited to elements ?
I’m investing a lot on Envato, but now being only on audiojungle is limiting, I would like to join elements.
Are there any special requirements to meet? portfolio size or number of sales?
Thats why i am asking for proper license verification tool. It’s already close to disaster to sort claims that appeared daily. Both customers unhappy with delay of processing such data and me, author, who need to be 100% sure that i am not cheated while releasing such claim
I’ve actually run across YouTube videos with my tracks where the creator has pasted the entire license into the video description. We have no way of knowing whether that information can be used multiple times by whomever happens to copy the info, or if each license is unique to each legitimate user. Obviously, the second option is how things should be.
Can you shed any light on whether or not that is the case? Thanks
Hi @EightBallAudio. The customers shouldn’t do that. Licenses (whether from Market or Elements) are unique to each user/purchase. I don’t know enough about how ContentID services work though, to know whether the same licence code can be used to clear more than one copyright claim.
I’ve summarised all the points above for our Elements Product team, to make sure these issues are on their radar.
@BenLeong Content ID services do not see what type of license user applied during a process of clearing claim and if it valid or not. It’s like huge breach in system. Not sure do we need to discuss it openly here. But anyway. Some Content ID services provided feedback to authors with request to check license. That’s why we need this tool. We could put license code and see if license is valid, do user is active subscriber on the day of publishing video and to whom actually belong this license. I have several cases where “cheaters”, who organised private channel, where other people can purchase discounted subscription to this private channels, and where they share their licenses. So one customer pay for subscription, and it’s shared among many persons. Usually data fields on those licenses, where user need to put in what project do they plan to use it, contains nonsense - fake generic names, fake project name. But without official verification tool you can’t check if it’s valid or not. Even on Market you need to go to particular date of purchase and browse data to find purchase you need to check… Envato and we loosing a lot of money. It’s urgent.