Over the last few days there has been some discussion about items being sold on GraphicRiver and ThemeForest that include apparently unlicensed images from film, television and of celebrities. Specifically discussion about these images being used in preview files.
As you know, any images or other assets you use in your items for sale on all the Envato Marketplaces, must be properly licensed for such usage. This includes usage in item previews on GraphicRiver and ThemeForest – including screenshots and live previews hosted on external servers.
Important: Read This Article
I’d like to encourage every author to read this article on what to consider when including assets that are not your own (third party assets), when creating an item for sale: What Images, Videos, Illustrations or Music Can I Use in My Items?
It is important to be careful when choosing images to place in your preview files. Please ensure they are licensed correctly. Whenever you submit an item you formally agree, by ticking a box, that:
“Any images, sounds, video, code, flash, or other assets that are not my own work, have been appropriately licensed for use in the file preview or main download. Other than these items, this work is entirely my own and I have full rights to sell it on [site].”
Responsibility For Items, and How We Respond to Infringement Notifications
Our review process is intended as a quality and technical review only, and not a copyright or licensing review (our reviewers can’t possibly be copyright and IP detectives for all components in each item!). Authors are responsible for ensuring that their items do not infringe the IP of others. We do everything practicable on our marketplaces to support this, and so, for example, we have instituted a DMCA process. Where someone gives us a valid DMCA notice (ie alleges that they are the copyright holder and that their copyright is infringed), we remove the item immediately.
In addition, we have the discretion to reject items during the review process if there is a potential issue that is blatantly obvious to the reviewer. Our reviewers will be making more use of this discretion moving forward. However, this cannot by necessity be a guarantee on all copyright and IP issues, and hence our use of the DMCA procedures. We also reserve the right, at our discretion, to address issues if they come to our attention apart from through our DMCA procedures.
If an author is the subject of more than one complaint, it could lead to account disablement, so please understand your obligations. There are a number of articles on the wiki about copyright and our DMCA processes.
I believe the vast majority of items on our marketplaces are not problematic. I hope that this Notes post will remind all authors that they should take this obligation seriously.
At the end of the day, for me personally, I feel we are all in the business of intellectual property, so not only is it a legal requirement, but it simply makes sense that we should in turn be diligent in respecting other people’s IP and copyright.
If you are an author affected by this issue, I thank you in advance for your cooperation in removing any infringing assets within items.