Update to Elements Author Agreement and Market Author Terms

Hi all. If you sell items on Elements or Market, you should have received an email with details about upcoming changes to our T&Cs.

I’m going to repost the contents of that email here, so the details are readily available to everyone. It’s been a few years since our last terms update, and we have tried to highlight both what is changing, and what those changes mean.

There are links below to the full text of the updated terms. Once the terms come into effect, you will be able to see them in the usual places (hosted on ThemeForest and Elements).

Update to Elements Author Agreement and Market Author Terms

Effective from June 1, 2023.

We want to let you know about some important changes we’re making to the current Elements Author Agreement and Envato Market Author Terms that affect you as a creative contributor to our platform.

Envato is committed to supporting the creative industry and empowering our Authors to share their skills and talents with the world. As the industry evolves and technology transforms the way content is created and consumed, our updated terms will help in embracing this change–allowing us to continue to work closely with the creative community to unlock new opportunities for increased earnings.

What’s being updated?

The most significant change in this update is in regard to our license to your content. We’re broadening the scope of Envato’s use of your items to unlock new revenue streams. The updated terms allow us to enter into agreements with third parties to expand the distribution and usage of your content across all item categories on Market and Elements (“third party arrangements”).

Examples might include:

  • Distributing your items on content platforms across the globe
  • Developing generative AI models that use your content for learning
  • Developing a ‘test/build’ environment with a third party to build new product offerings, features or services.

To avoid doubt, where Envato enters into a third party arrangement as described above, the respective licensing terms will not include rights for that third party to publicly perform, display broadcast or communicate your items for their own purposes, ie. for marketing and promotion or incorporation into “End Products”

Our Author Agreement now also includes the addition of ‘perpetuity’ to our licensing terms on both Market and Elements.

For example, if your content is used to train an AI model, it may not be possible to make the AI forget any learnings from your item. This means that if you decide to take your items down after the updated terms become effective, your item(s) may still be used, in some capacity, by a third party.

The Envato Market Author Terms are also updated so that the indemnity you provide to us includes indemnification against any third party claim relating to a breach of your warranties in respect of your items. This update is generally consistent with the Envato Market Terms and Elements Author Agreement. For Elements Authors, your existing indemnity already covers third party claims, and remains the same.

How will payments work?

You will be paid whenever Envato receives payment by a third party for the permitted use of your Market and/or Elements items as part of a third party arrangement.

You will see this additional usage reflected in your Earnings Statement.

Without having full details of future arrangements, we cannot provide you with details of the fee payable to you, the Author.

When will the updates take effect?

These updates will take effect 20 days from now, on 1 June, 2023 and are available to be viewed here:

There is no need to take any action to accept the updated terms. But if you do not want your content used in this broadened capacity, you will need to remove your content from Envato Market and/or Elements before the changes come into effect on 1 June, 2023. By continuing to use Envato Market and/or Elements after this time, you agree to the updated terms.

We appreciate your continued support and membership of our community and look forward to helping you thrive in this ever-changing creative landscape.

I’m going to merge other discussion threads into this one, so we can keep track of all comments about the change in one place. That may make the thread seem a little chaotic at first, as there are some long discussions from other forum areas. I’ll bring other staff members into the discussion as needed, if there are questions that our Community team can’t answer directly.

Update: Friday 12 May. Please see Hichame’s update here, and stay tuned for more detailed information next week.

Update: Tuesday 16 May: First batch of FAQs updated here:

Update: Tuesday 23 May: Audio, Web and Code update:


This email sounds terrifying, does Envato want us to quit the marketplace?
Many videohive authors already stopped uploading work for months now…

Correct me if I’m wrong here (and I sure hope to be)
But according to this new email we got,
does this mean that starting 20 days from now,
Envato will be able to re-sell our products to any third party,
under any price they agree on between themselves,
and pay us only when the third party pays them?

This whole “unlocking new revenue streams” was what they said about Elements initially,
… we all know how that turned out to be…


Yes this sounds very disturbing.


I would like to remind Envato that the Europarlament is on the verge to approve that no IA databases can be created of faces , even with model release. That kind of breach would not only put Envato at risk of major penalties economic and even not being able to distribute IA content based on facial data in all the European Unión. I just read it on the news today and this new AI usages permitted and forbidden will be approved very soon.


Just read the email. Quite of concern, especially this part

“Our Author Agreement now also includes the addition of ‘perpetuity’ to our licensing terms on both Market and Elements. For example, if your content is used to train an AI model, it may not be possible to make the AI forget any learnings from your item. This means that if you decide to take your items down after the updated terms become effective, your item(s) may still be used, in some capacity, by a third party.”

So my question is, what benefit is to envato to keep paying us a commission for those items if even when we remove them, they still have the right to use them? Can this lead to abuse in the long term with possible reduction in commission rates, etc, or are we protected in some way with these terms? Would love to have some official answers @BenLeong

Very strange and confusing time for all creatives I think :confused:
Most of us are still at risk even without any effort from Envato due to AI in general. Hopefully this would be a move that protects author’s income in a substantial way, especially in the long run. Unlike something like Placeit which give almost no contribution to authors.


I’ve only had modest success over 10 years on here but I might quit and take my music with me. I don’t like the look of what they are saying in the email. It sounds like they want to do whatever they like with our content with zero control from us and if we are lucky they’ll throw us a few crumbs. Am I misreading it?


This is most scary changes ever. And it’s not about third party, it’s about AI training. No one disclosure price of this agreement. Artificial brain will be trained using years of our skills and tracks we produced. A lot of questions. Especially that Envato give us very limited time to react.


Yes. But what also would be disturting is AI models generating content based on your creations while you get nothing at all in return. This atleast gives us a chance to earn from this whole situation. Of course a lot of questions are still unanswered and that can be scary.

Also, here’s some wisdom from our belowed ChatGPT in regards to this email and what it means :smiley::


Who’s the mastermind behind all of this? I can’t believe someone gets paid for it!

Anyway I love how Envato take this kind of decisions without even thinking at the consequences in authors lives…as long as they make money, everything is fine.
After their last survey they’ve realized once again that a lot of us rely on Envato income, and that they can literally do whatever they want because they know we won’t be able to take such a life changing decision in less than 20 days.
Accept what we say or leave.
Very toxic behaviour.

History will repeat itself, and just like with EE, be ready to read a lot of cool stuff about this new ai program, how this is going to be an extra income for us and how we will benefit for it in the future.
All beautiful words that in reality hide a harsh truth.

It also makes me laugh that assets generated from AI are forbidden on Envato…but then they feed the AI with our items!? :thinking:
So in the next months everyone will be able to create assets prompting “Envato” or “Elements” or “Envato + insert any author name” and re-sell them on all the other competitor platforms? :joy:

Nice move Envato, nice move!


Hi everyone!
Is there a way to clean out the entire portfolio at once? Or do I need to delete every single track?

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It’s been a fun 13 years here, I’m grateful for the marketplace and what it’s provided me and my family but I’m gone. This is it.

Envato already KNOWS what potential earnings THEY are willing to negotiate with third-parties (on your behalf without your consent obviously); all companies run future earnings projections. I don’t believe for one second that they don’t have any ideas- not even a range of numbers- that they’re willing to pay Authors for a third-party company to pull an Author’s content (only needed ONE TIME to train an AI model).
The fact that they are forcing Authors into an agreement where we get “potential earnings” without explicit numbers is absolute trash.

Add in the new indemnity clauses… well that’s the nail in the coffin for me.

My fellow Authors, you deserve better.


Quite toxic. What surprises me the most, there is almost nothing written about earnings received from allowing AI machine learning.

Besides a few other things which are veeery risky:

  • we do not even know if licenses of software we use allow AI learning from the derivative works.
  • 3rd companies? Will Envato be taken over?
  • 1.06 deadline?!
  • perpetuity?

The strategy that all companies are using is to get everyone’s content to “Teach AI” before lawmakers can react to the legalities. It’s no different than when Facebook sold every humans data to any company that wanted it prior to governments being able to form an opinion on it.

This is a race to “Teach AI” very quickly how to “generate AI music” by “learning how to create our music” from our music, before goverments and copyright law can react.

I’ve said it a million times…nothing lasts forever, and one always has to reinvent themselves.

Go find another job that will feed the family, this job will throw some crumbs at you for a while longer then you will be obsoleted.


I don’t think that’s an issue, there will be nowhere to resell them. The plan is simply for those platforms to get rid of us pesky authors. The customers will ask for what they want and it will be generated. 100% cut for Envato. We cease to exist.

Alright then, this is it.


The email said “you will need to remove your content from Envato Market and/or Elements before the changes come into effect on 1 June, 2023”

I tried to remove my items but actually couldn’t find an option to do so. Anyway I just hid the items and deleted all files and images in them :woman_shrugging:t2: Certainly not sticking around to have my art used to train AI whose main purpose is to make me obsolete.


It looks like you can either delete items individually or request your entire account be closed. I would think closing an account would remove all items from being for sale.

Deleting items:

Closing Account:

  • How do I close my Envato account?

To close your Envato account, please send a request to the Author Support Team. We value your honest feedback, so please include any comments you may have had about your Envato experience that may be helpful for us to know.

Please note: You will need to send this request from the email address that is associated with your Envato Market account.


Thanks! But this doesn’t apply to Envato Elements I think. For my Elements items, I can’t find any option to delete them. I can only hide them.


When I delete a photo on Photodune, it goes away on Elements too.

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I accidentally added one once with my watermark on it. That’s why I deleted it. It went away on Elements right away.


Is envato going to reveal how authors will get paid to teach AI models with their intellectual property or is Envato just going to pay authors whatever they decide to pay? What is the compensation structure to teach AI how to obsolete authors in the future?