Here’s one for our Envato Elements subscribers,
As of the 4th of May 2017, we are rolling out a couple of changes to the Envato Elements License and user terms. The Envato Elements Licence is the license that you receive when you select an item on elements to download and use in a project The Envato Elements User Terms are the ground rules for use of the platform.
In a nutshell, what’s changed?
We’ve added some clarification on the way we manage and sub-license items to you as Envato Elements subscribers.
Changes to the way liability is handled between us, Envato Elements authors, and Envato Elements subscribers.
Introduction of new terms to support special optional offers from our third-party suppliers.
We’ve simplified the ‘playing fair’ section and added a link to our new Acceptable Use Policy.
Amendments to the Envato Elements License, setting out:
Additional subscriber responsibilities relating to the use of third party content and IP included in Envato Elements items and more detail to reflect licensing of new and upcoming content types that we plan to stock.
Envato Elements and the Items you download after this date will be subject to the new terms. However, Items you’ve already downloaded will be subject to the previous terms and license. Your welcome to check out the new terms right here
The following statements contradicts each other:
Future proof licensing, even if you unsubscribe
If you unsubscribe, you can’t use items from Envato Elements any more. But any existing uses that you registered are still covered. Now that’s peace of mind!
Whoa there! Things you can’t do with an Item
You can’t use an Item to create an End Product after your subscription ends. If you’ve installed an Item (such as a font or add-on) on your device, you need to uninstall the Item once your subscription ends
Yeah, those terms are definitely in conflict. Need some clarity about that. I was led to believe the first term was the case… Elements becomes basically useless if the second is the case.
I think what this means is-
If you’ve made a logo, or a website or a tee-shirt using something from Elements, you can continue to use the logo, run the website and sell the shirt that you’ve made even if you don’t maintain your subscription.
But- if your subscription has ended, you can’t use fonts/images/templates that you have downloaded and saved locally to create something new- like a different logo, website or tee-shirt.
Envato; you’re going to want to revert the license only valid if subscribed term. That exact opposite was a big part of your initial selling point (only a few months ago), and if not changed I am opting out and willl encourage every subscriber to opt out as well. You have my information on file; get a hold of me personally within 48 hours explaining in detail (and in writing) how you reverted OR why you choose not to and risk such guaranteed stank on the Envato brand. Simply put; nice try, revert or bye.
@jessibee416 is absolutely spot on.
Any finished projects that already exist are free to continue existing with the assets you have downloaded and continue existing until the end of time.
It’s simply that you can’t create new end products using the assets that you have downloaded and saved locally once your subscription has lapsed. You must download, use the asset and complete the end product while you have an active elements subscription. The license is then valid for the full life of the end product.
Completely agree with Jessi’s appraisal. If I have any concerns, it’s related to this phrase; Use of an item “in connection with sensitive subjects” is prohibited. In this pathetically over-burdened, politically correct society, who knows what’s considered to be a sensitive subject? Too vague for an enforceable, legally binding license/terms. I’d flesh that out, or it’s a nightmare waiting to happen.
I’ve always understood these terms to be a case of when you download an item, you assign that to a project as part of the download. Therefore, you can use that item to create as much as you could ever want for that named project, even if that project is an ongoing thing and not a one off design project. Hence the future proof bit.
However, should you wish to use that same item for another project you need to download it again and assign it to that project during the download so then you would have futureproof licensing for that project as well.
What isn’t permitted (in my understanding) is to use downloads in different projects unless you have created a license for them within Elements, which you have to do as part of download. So if you download a font for a local drama group logo and ongoing publicity headings, you can use that font as often as you like for that project, but you may not use that font for any other project if you don’t have an active subscription (which is what would allow you to license it to any other project).
Please can someone confirming that is still correct else as others have said, this becomes a very unusable product for client projects and licensing of items for use in those projects.
A comprehensive list could be very NSFW.
That’s not my understanding. Unless I’m missing something, you’re registering an end product rather than a project… as a ‘project’ could contain several different end products. If you’ve made the end product before while the subscription is active (lets say a logo to be used for a bake sale), then you’re all good. But you can’t then make a poster for the bake sale after your subscription has ended… even if it is part of the same overall project.
@SoVeryAPT that is how i had read it. This change makes it useless to me. For example i am using several fonts in a book if i now have to delete those fonts if i cancel i can’t go back in to edit or revise because i am now expected to have deleted them. Project to me always meant that book ongoing, not just until some arbitrary point. That specific issue with fonts makes it a terrible idea to get them from Elements. I had always believed i could continue to use the fonts for that project indefinitely, just not new ones which is the only way that makes sense.
I am very unhappy about these changes and am considering terminating my subscription.
From your own user terms which I signed up to (from https://web.archive.org/web/20170323082519/https://elements.envato.com/user-terms):
How downloading and registering Items works
- What do you get when you download and register an Item? […]
3. Effect of ceasing subscription: As Envato Elements is a subscription service, certain rights granted under an Item license are only applicable for as long as your Envato Elements subscription is active. If youve registered Items for specific projects or end uses, they retain a valid license after your subscription ends. But for trial licenses, free files and everything else, youll need to remove the Items from any associated product, project or end-use. Please read the Envato Elements License in detail to understand what you can do with Items.
I’ve made bold the relevant bit. I registered my downloads for a project, not a specific end use. So how do your changes effect my project?
I would like you to explicitly show me the old License and User Terms compared to the current version as I am currently not able to explicitly compare and contrast the changes via a third party system such as a webarchive and I cannot be sure your brief overview of the changes is all inclusive. This is a legal requirement in the EU and UK.
So unsubscribing now would make the most business sense?
Unfortunately, yes, inherent to the problem.
So basically, we should not use Envato Elements as we sometimes do work for clients and could get in a real pickle if we do? Pat
Or carry on doing work for clients using Elements, but ensure you have a current subscription while doing the work.
Yep! This subscription model is basically the same with Spotify or Apple Music, or for that matter, any subscription based system. You can use it while subscribed, afterwards, you can no longer use it, to say it in the grand scheme.
While I agree with @Enabled this is pretty standard with subscription services even say Adobe (to be a similar category) if someone subscribed to Photoshop to create a design, After Effects to create a video etc.
Out of curiosity (aside from the right and wrong) a question for those creating “client” projects using envato items:
would it not make more sense (especially given you are no doubt making the client pay for the item) and be more professional to use the themeforest, graphicriver etc. version? i.e the one with more support, updates and so on? Whereby avoiding the subscription issues?
if they wanted in the future further amends or new versions or updates, surely you are charging them for this, either as a one off or a retainer, and can therefore charge for a new subscription if you really wanted to use the elements version?
Maybe we are missing something but this seems like common sense and basic practice?