What a mess.... is this allowed

Hello guys,

I had a conversation with a guy via Fiverr site, I asked him respectfully to take down one of my templates that used and sell it over there for 5 dollars :sweat_smile: Just 5 dollars, he told me that I have Elements license for doing this, WHAT :open_mouth:

Are these allowed or what I’m confused !!! how can I deal with this

Reselling isn’t allowed, he violates license agreement

Yeah, I know that, but he is not selling the template itself, he just used it and send the clients the final video

If he makes video for customers - he is allowed to do this, but with extended license from videohive.

I might be wrong, but extended license should allow this, but 100% not from elements

They wouldn’t need an extended license.

Elements would work BUT they need to be subscribed when the project is live and until it is complete. They can’t stockpile templates to use in the future.

If you want official clarity you can ask support https://help.market.envato.com/hc/en-us

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You can give me your item and copyright item view message i will take care.

Clear guidelines on what’s not allowed

Some common-sense limitations do apply, as set out below:

  • You can’t re-sell, or re-distribute items;
  • You can’t use items in on-demand services; and
  • You generally can’t use items as the basis for merchandising. For example, printing a logo from Elements straight onto a T-shirt is not allowed. See clause 13 below for the relevant terms and conditions.

Isn’t fiverr on-demand service?

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You are completely wrong.
So you say that nobody who has ordinary license or has subscription on Elements is not allowed to create and sell end video for their customers?
It’s sound mad. Nobody will buy such license because they would be in 90% useless. :smile:

UPD: Read once again what you post here. End video (which was rendered) is not the same as an item, do you realize that?

@pxlzero Person who sell final video (not .aep) can do it. For 5 bucks or for free, it’s his choice. Or you want to take his job and do it yourself? This is absolutely legal until he is subscriber and download your project every time when somebody pays him for customization.
Why do you think it’s not allowed?

UPD2: @pxlzero Also you should be happy because you get your own subscriber who will gain you money directly downloading your project over and over again. While you do nothing, he will work for 5 bucks.

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This refers to doing this ‘as-is’ and without significant modification/as part of client projects

This would fall into the ‘stockpiling’ behaviour we referenced earlier and is not allowed

Self-explanatory

There are also some other parts to the license:

or Items other than fonts and add-ons, a Single Use is the use of the Item to create an End Product (requiring an application of skill and effort) in one of the following ways:

or an Item that is a template, the End Product is a customized implementation of the Item.

As long as they abide but the full license rules https://elements.envato.com/license-terms it’s fine

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But they’d have to declare a project for each of their customers, right? Or is the author paid for a download once?

They have to download the item each tiem they want to use it and declare the project there.

They cannot download it once then use it as/when they want

Register items each time you use them

Each time you download an item, you get an ongoing license for a single, specified use. Want to use an item again? No problem! Visit your downloads and simply register it again for a different end use.

Two key parts are:

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!

and

For each digital work (called an “ Item ”) you download and Register under your Envato Elements subscription, you are granted a license to use the Item on a non-exclusive, commercial, worldwide and revocable basis, for one Single Use per Registration. Remember, if you want to use an Item you must have a valid and live subscription.

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I understand difference between aep file and end-product xd

Seems that copying the whole paragraph was misleading :slight_smile:

Only point which was intersted to me is “on-demand” thing

But even with on-demand there is word “item”

You can’t use items in on-demand services;

For example, Elements subscriber can’t sell Motion Graphics or Stock Footage on fiverr, because video is an end product itself.

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To add to the confusion: The explanation I got from staff was that an on-demand service is something like an app that makes use of Elements items in the background, so for example an app that allows users to generate their own video by just uploading their logo and text. That app is not allowed to use projects from Elements.

In other words: If no human being is doing something with the items, i.e. customizing it or integrating it in a bigger piece, you may not use it.

Sites like the one you mentioned are fine, as long as each ordered gig has a unique elements license applied.

In my opinion, Elements rather solves a problem than creates one here.

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Thanks, guys for the clarifications :+1: then the guy is right about the licensing, so each time he needs to use the template he should register it again for a different end use, each time he did that I will get good revenue from that, okay that’s not bad. I thought once he downloaded items from Envato Elements, he can use it wherever he wants and I didn’t know that each time he registers different end-use we get revenue from that, sorry guys, I joined the ُEnvato Elements on the first of this month, I didn’t know much about the licensing terms.

Because I thought that the Elements subscribers once they download the items they can use unlimited licensing without getting revenue from that, now everything is clear to me :smiley:

Yes, I will be happy if they register different end-use, not using the same items without registration :smiley: :innocent:

If you are in contact with the person anyway you may send him a friendly reminder that each registration of a new license is not just the legal way but also helps you to create more awesome content he may use and takes him only few seconds.

And of course apologize for the misunderstanding in the beginning :slight_smile:

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Yes, I have contacted him, and he was doing registration for each client :sweat_smile: and I have apologized to him :blush:

I’m gonna ping @jamesgiroux in this. He’s the expert on Envato Elements. Cheers guys! :slight_smile: