Confused
about what "copyright"
means?
A short visit to the pages listed above will
explain the entire issue to you so that there
is no bewilderment about what creative property
is and who owns the rights to what.
The
most fundamental aspect of my license and
Terms of Use is that my design resources may
not be resold or redistributed, as
is, which would naturally put
them in direct competition with me, the original
author. Reselling the files as is constitutes
"resale" or "redistribution"
which is essentially a usurpation of my copyright
and exploitation of my hard work.
They images may, however, be incorporated
into both personal and commercial designs
and these "derivative" works may
be sold or given away IF the original image
cannot be extracted by simply removing the
background.
This means that the my image
resources may not be "shared" with
friends in filesharing groups. The buyer is
licensing design resources which are intended
to be incorporated into "derivative"
designs.
What
Is
"Derivative Design"
A
"derivative design" is one that
based, whole or in part, on another design
resource. If that is not clear enough, "derivative"
means "derived from" or "made
from".
For example, if you use a royalty-free, licensed,
black and white lineart as a basis for painting
or rendering a composition, that would be
a "derivative design". If you render
a 3d model into a 2d png file and then do
finishing postwork on that image, you are
creating a "derivative work" using
your own artful input, based on the original
3d model.
If you use licensed Vector designs, rendered
with Photoshop brushes and layer styles, you
would be creating a "derivative design"
based on those resources and tools. You are
"deriving" a new, secondary design
by transforming or changing someone else's
original designs, but stamping it with your
own creative input. This is not a problem
and is legally and ethically done by artists
and designers all the time. Normally, in terms
of fair and legal market practice, you pay
the licensing fee or royalty for the design
resource and honor the Terms of Use attached
to the design resources you use in your work.
"Derivative Design" is what makes
the modern image industry go around, after
all. When the basic rules are observed, it
enables people to purchase from one another
in the marketplace with trust, so that people
get fair prices and trust what they buy and
more people make money for their labor avoid
being exploited or cheated. If people do not
observe the basic rules of respect for copyright
and Terms of Use, it's hard for anybody to
make any profit at all from creative effort.
Notice
to
Filesharing Groups
Usage
of Tutorials
You
may sell anything you make as the outcome
from one of my tutorials but you may not sell
the tutorial itself or any elements from the
tutorial.
Copyright
Usage of 2d Graphics Based On 3d Graphical
Renders
Generally,
with 3d graphics, you are permitted to sell
the artwork you render with your 3d programs
(like Poser, Vue d-Esprit, Bryce, etc.). But
you are not permitted to sell the original
models or textures or pose files or any of
the electronic files which you license from
the original artists. You are not permitted
to resell anything from which the original
work may be extracted. But you can render
the image, do the postwork and sell the artwork
which you derive from the use of the models
and textures. That is why you will find so
many 2d images on the Internet (Poser renders,
for example) which look so much alike because
they are all derived from the same models
and textures which have been legally licensed
from the original 3d artists and the renders
are being legally sold. But it is well to
remember that there has been considerable
investment in the models and textures and
poses, as well as the time spent developing
the 3d skills and usually the postworking
skills in Photoshop.
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The following terms appy
to all products
licensed for use from Jaguarwoman Webdesign:
Firstly . . . when
someone "buys" a product from me,
they are buying the
right to use
the graphic images, not aquiring ownership of
the original images themselves. The copyright
(i.e, ownership) is not being transferred to
the licensee and Jaguarwoman Webdesign continues
to own the graphic images themselves, but through
the licensing agreement Jaguarwoman grants the
right to use them in specific circumstances,
such that the basic right to make a profit from
them is preserved.
Secondly . . . Just as in the
case of purchases of software, the license
is not transferrable. It is a single
user license, not a multi-user license. (The
product may not be distributed to a "design
team" to create sample layouts for scrapbooking
kits, for example.). This is why filesharing
is not allowed. A customer may not purchase
a product and redistribute or share it with
dozens or hundreds or thousands of other people
and thereby deprive the original owner or producer
of the images from the rightful profit of their
labor. In this case, my proft.
The terms of use are specified in the Readme.txt
document included in the product zipfile. This
is a copy of my current license: Jaguarwoman
License. It is subject to change
in the details of explanation which may change
as new and unforeseen usages are developed which
require interpretation based on the basic concept
of the license, which is: you may not
redistribute the original files, as is, in any
way or in any environment. This means
you must understand what "redistribution"
means. Of course.
If the Terms of Use are not spelled out in a
readme.txt, usage restrictions should default
to this page and/or you can simply email jaguarwoman@jaguarwoman.com
to clarify any confusion:
Dana Sitarzewski aka Jaguarwoman is the
author and copyright holder of the images in
this product package and retains copyright and
ownership of the images included in this zipfile,
and your license gives you the right to use
the images under specific circumstances. You
may use this images to create your own derivative
projects for personal or commercial sale, with
no restirctions other than these: (1) you may
not resell the original files, as is. (2) you
may not redistribute the products in filesharing
groups. (3) you may not resave them, as PSP
tubes and redistribute them for sale or for
free in filesharing groups, (4) this license
is non-transferrable. If you have any questions,
contact Dana Sitarzewski at jaguarwoman@jaguarwoman.com
The
above license seems
clear to me but I realize that many people do
not understand what "redistribution"
is.
The concept here is that when I license my images,
they are intended to be used as design resources
and can be incorporated into
derivative commercial products
for commercial sale. The
key here is in the word "derivative".
You must DO something with them that is transformative
and makes them into your own design. The buyer
is not permitted to simply recycle or reshuffle
the original work into a new package and call
that their artistic product.
Buyers can use the image resources
by incorporating them into a design or product
or their own which changes the original work
in a transformative way, making it their
own, new design. Or . . .the images
may be incorporated into print compositions
which will be sold in a different form (as in
print form) which is different than the original
digital files. The buyer can not
resell or give away the original files, as is,
in any way, such that my exact work is competing
itself in the graphics marketplace. There are
a million ways to use the design resources and
create products for commercial sale. But they
cannot simply be repackaged with a new name
and under a new design label, and provided for
sale or for free, as is.
Specific Examples:
Scrapbooking
All
my products may be used for personal scrapbooking
kits.
All my products may be used to create derivative
works for sale with the following
provisos: design elements may be used to create
new designs of your own, for example to create
groupings, vignettes, embellish frames, tags,
banners and decorative elements, and collage
backgrounds where the elements are
merged. They may not be put into scrapbooking
kits as individual elements as png or psd
files, as is, with transparent backgrounds,
so that the designer is simply repackaging
my work into a new product and calling it
by another name and claiming to be the designer
(this would fall under the category of redistribution
of the original product). This stipulation
includes the case where an individual element
may be re-colored or hue-shifted (a change
which I do not consider to amount to a "derivative
design" change).
In short, only I can sell my own work
as a design resource. The
buyer can use them commercially as a design
resource and can also use them to create derivative
designs which may be sold, but may not resell
them as is, as design resources.
I think this explanation is very clear. I
admit that I'm a bit impatient with people
who claim not to understand this but I will
explain endlessly if necessary even though
my explanations may sound increasingly pedantic
and sarcastic.
I do, however, sell an extended license for
scrapbook artists who want to use my design
resources, as is, in scrapbooking kits. And
the licensing fee is usually 3-4 times the
regular fee shown in the shopping cart, depending
on the product and the usage requested. If
you are interested in an extended fee for
the "as is" use of my work for a
scrapbooking kit, contact me directly at jaguarwoman@jaguarwoman.com
Here are some essays which explain the concept
of "derivative design": "What
Is Derivative Design?"
Second Life
Buyers
may create unique derivative products with
my products and sell them in at Second Life
but these must be genuinely derivative product
which employ the original Jaguarwoman product
but create a uniquely new product from the
design resources.
For the original Jaguarwoman products, I have
an exclusive agent within Second Life, TRU,
who is solely empowered to reformat and sell
my products within Second Life. No one other
than this produce (Liz Gallagher, of TRU)
is legally permitted to sell or redistribute
my textures or digital products within the
Second Life environment.
CafePress
Buyers
are not permitted to upload Jaguarwoman files
or products, as is, to create products on
a mass basis online. You may, however, create
a unique design of your own using my products
(like a collage background) and upload that
as your own product. Just adding words to
my own products is pretty borderline, so think
about the ethics of this situation and try
to use design resources to really design something
of your own, eh?
Printwork
For Mass Production
You
may not use this product to mass produce any
product for sale as a print product (as in
stamped or printed graphics for publication)
beyond a certain number of impressions without
an extended license. The sale of any digital
product created as a derivative of any or
all images in this archive is limited to 100
copies, unless prior permission is granted
via extended license.
Decoupage
Companies
You
may use my products to create derivative designs
which may be sold in the form of downloadable
printable sheets (in jpg format). But you
may not use my images "as is" to
simply provide the original images in jpg
format in decoupage sheets, without your own
design input. If you want to take my work,
as is, and simply translate it, without any
design input of your own, into a jpg decoupage
sheet to be downloaded from your website as
a printable decoupage product, you will need
to purchase an extended license, at a price
to be negotiated with me. Usually I multiply
the standing price by 2 or 3. This is in keeping
with the kind of price structure which I myself
pay when I pay for an "extended commercial
license" for Vector images or photos
for specific commercial use. It is not an
unusual practice, but common usage to protect
the original artist's interests.
If
you are interested in an extended fee for
the "as is" use of my work for a
scrapbooking kit, contact me directly at jaguarwoman@jaguarwoman.com
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