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.
|
You
must understand and agree to my Terms of Use
and license in order to buy products in my store.
If
you read anything here that you don't understand,
write me at jaguarwoman@jaguarwoman.com
and ask for further explanation. I'm sorry if
this is taxing or boring. I would regret it
if you took offense at the detailed explanations.
But there's no way around reading, understanding,
and agreeing to the TOU and license.
Firstly . . . The licensee
is not aquiring the ownership of the original
images, but is aquiring the right to use the
images under specific circumstances.
The copyright (i.e, ownership) is not being
transferred to the licensee and Jaguarwoman
Webdesign or other copyright holder continues
to own the graphic images themselves, but through
the licensing agreement grants the right to
use them in specific circumstances, such that
the basic right of the original artist(s) to
profit from them is preserved.
Secondly . . . As in
the case of software, the license is not transferrable.
A customer may not redistribute or share the
product files with dozens or hundreds or thousands
of other people through filesharing groups and
thereby deprive the original owner of the images
of the rightful profit of their labor.
Thirdly,
the use of licensed imagery in both
personal and
commercial projects is
permitted with
specific provisos and exclusions.
You can
use the images for your personal projects
but you may not fileshare or redistribute
the original images in any online venue, such
as giving them away in a blog or online graphics
group.
You can
use the images in commercial projects such
as webdesign, 3d texturing, advertising, illustration,
printables projects, card crafting, candy
wrapper businesses, signage, textures and
characters for role playing games, and as
photographic backgrounds. Many design resources
may be incorporated into derivative designs
for commercial sale. There are limitations
for commercial usage in specific areas, so
please read them below.
There
are also products in my store which will have
a 2-tier license for personal and commercial
use, with different licensing fees.
Fourth,
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. Over
the years, early products may have an earlier
text version, but the essence
of the license is the same: the
licensee may not resell or redistribute the
original files, as is, in any way or in any
environment,
whether for profit or not-for-profit.
This means the licensee must understand what
"resale and/or redistribution" means.
Much of the rest of this page is an attempt
to make clear what those words mean in specific
usages. If you do understand what it means,
I apologize for boring you. The explanations
are intended for those who do not.
If the Terms of Use for a specific or
new usage which is not foreseen by this license
are not spelled out in a readme.txt, usage restrictions
should default to this page, which is updated
frequently as new usages appear, 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, in any
venue. (2) you may not redistribute the products
in filesharing groups for free. (3) you may
not resave the files in another file format
and sell or redistribute them, either for sale
or for free, in filesharing groups or any other
online or offline venue, (4) this license is
non-transferrable. If you have any questions,
contact Dana Sitarzewski at jaguarwoman@jaguarwoman.com
I
had this license (above) for many years and
it was kind of a standard in the industry and
it seems
clear to me. But through many experiences, I
came to realize that many people either do not
understand what "resale and/or redistribution"
is. I realize this because literally hundreds,
of customers have violated these terms and then
told me they did not understand what
it meant. That is why I explain things ever
more explicitly. I don't want to bore
or insult anybody and it's really taxing to
me to have to do it. But years of experience(s)
have shown me I can't explain too much.
The concept here is that when I license my images
for commercial use, they are intended to be
used as design resources
and to be incorporated
into the licensee's own commercial products
or projects and/or into derivative
designs or individual projects for commercial
sale. It is never intended that
the individual images be repackaged, with little
or no design input, and be resold under another
designer's name. This is why the products can
not be used in scrapkits, for example. "Design
resources" can not be simply repackaged
and turned around to be resold as another "design
resources" under somebody else's name.
Only I can sell my own work as a design resource.
When I license my work for personal use, it
does means the licensee can create projects
for themselves, immediate family and real life
friends, but can not sell or give away the original
files in groups or in a public online setting.
The one key here is in the word "derivative
design". If you wish to create
derivative designs
using my design resources,
I'm overjoyed and that's what I sell them for.
But to create another set of products from them,
you must DO something with them that is makes
them into your own unique design. The buyer
is not permitted to simply recycle or reshuffle
the original work into a new package and call
that their artistic product. Or, individual
images may also be used in a one-time basis
in commercial projects (such as webdesign or
illustration or advertising or signage). But
the original "out of the box" images
may not simply be repurposed or repackaged to
be resold as another design resource under a
new name. I'll bet this seems obvious to a lot
of people and they wonder why I'm so pedantic
in explaining it. Thousands of people have
done it. And you'd be surprised how many people
read this paragraph and still tell me they do
not understand.
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 work
is competing itself in the graphics marketplace
and thereby undermining the market value of
the original product. This is the common sense
behind copyright protections. There are a million
ways to use the design resources and create
derivative 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, or with changes
so minor that it "change" becomes
a mere technicality.
Specific Restrictions
for Specific Product Categories:
DIGITAL SCRAPBOOKING
EXCLUSIONS
All
my products may be used for personal scrapbooking
kits ONLY and are licensed to a single licensee
and the elements may not be redistributed
or given away in filesharing groups offline
or online. "Personal scrapbooking"
means that the licensee would create their
own digital or print scrapbook for their own
family or friends and may give away product
of that design effort within their circle
of family or friends but may not give or sell
it online to the public or in filesharing
groups. This also means that they may not
sell it for personal
use.
As of September 11, 2009, Jaguarwoman
design resources purchased in my store may
not be used, in whole or in part, in any scrapbooking
kit for commercial sale unless
the individual holds my extended license for
commercial use. This extended
license is granted provided on an individual,
discretionary basis. I evaluate for each license
based on my personal conviction that the licensee
understands the terms "no resale"
and "derivative design" in the same
sense I do. Only I, Dana Sitarzewski, aka
Jaguarwoman, or my designated licensees or
agents, can produce commercial kits for sale
based on my own design resources.
Otherwise, no image resources sold in my store
may be included in scrapkits or commercial
scrapbooking products for sale or to be given
away online.
For Jaguarwoman Design
image resources sold before this
date, the same license and TOU as previously
existed still prevails: As
always, they may NOT be put into scrapbooking
kits as individual elements as png or psd
files, as is, with transparent backgrounds,
even with hue shifts or slight graphic additions,
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 resale/redistribution
of the original product).
It
is now and always was a copyright violation
to simply repackage my design elements for
resale or redistribution as is, or even
with very small changes, even as a "freebie"
or within a filesharing group, as a scrapbooking
"kit".
If there is still confusion about what can
and can't be done with Jaguarwoman graphics,
here are some specific examples for clarification:
"Anatomy
of a Flagrant Copyright Violation"
This
stipulation about the use of images "as
is" includes the case where an individual
element may be re-colored or hue-shifted.
Also, very small changes in a design element
which do not significantly change the footprint
or the appearance of the image do not count
as "derivative design". (Please
see my discussion of "derivative
design").
In short, only I can sell my own work as an
original design resource or merchant resource.
The buyer of the license 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 the original work
with little or no change as a design resource
or redistribute in any way, in any venue.
This is the essential spirit and meaning of
copyright in graphic resources, designed to
protect the investment and market position
of the original artist.
Second
Life
As
of June 14, 2010, I have rescinded my legal
agreement with Liz Gallagher of TRU Textures
and from this date, none of my work may be
used in any form in the environment of Second
Life. That means that nothing can be resold
there and no derivative products which incorporates
any of my products may be used in Second Life.
For the ethical texture artists of Second
Life, I regret this decision was necessary.
It is simply too difficult to control or police
the filesharing and digital piracy within
that fantasy world. The numbers of abusers
are simply too numerous, they are anonymous
there, and the procedures to file DCMAs with
Second Life are too creaky and slow. It is
simply not worth the effort; it's a bad bargain
for any producer of original digital image
resources to try and deal with it. In other
words, SL is a bad market for digital artists.
CafePress, ImageKind, Zazzle, and similar
online mass market, image-based stores
Buyers
are not permitted to upload Jaguarwoman compositions,
files or products, as is,
to create products on a mass market basis
online in their own stores. That is akin to
providing my original work in its original
form to a mass market under your own name.
You may, however, create
a unique design of your own using my products
(like a collage background with figures or
various design elements on it) and upload
that as your own product. This leaves
plenty of room for the use of the design resources
for these venues. But you can not simply upload
my images, in their original form, as the
basis of a mass marketed product. I have always
had my own accounts in these stores there's
no reason for my products to compete with
themselves, eh? Please
note: this is a stronger rewording
of an earlier statement in an effort to clarify
the "no resale/redistribution" prohibition
in this specific category of usage. There
is no intention to confound anybody. The concept
is the same: You can use the products to create
your own derivative designs but you can not
simply resell my original products, and especially
not in the same stores in which I am selling
it.
Printwork
For Mass Production
You
may not use my products 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, Digital Embroidery Companies, etc.
You
may use my products to create derivative designs
which may be sold in the form of downloadable
printable sheets or pattern 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
decoupage kit, contact me directly at jaguarwoman@jaguarwoman.com
Regarding
new usages which may arise in the future or
usages I may have overlooked . . .I reserve
the right to interpret the basic license in
the future in a way that protects my copyright
and position as the author of my own work appropriately,
so that customers may use products for derivative
design but not resell the products in a way
that damages my position as the originator of
the original works.
People often ask why TOUs are permitted to changes
at all. Simply because technology advances,
changes in usage happen daily. When artists
create products, within weeks, there are usages
that arise that were never imagined when the
artists first painted or rendered something.
We constantly have to cope with new ways in
which our work(s) can be exploited that we didn't
foresee. So naturally we have to adjust to the
constantly changing technology horizon. The
music business and the movie business never
saw digital piracy bearing down on it. Digital
art did not anticipate Rapidshare. But everybody
has to adjust their business models in order
to be able to stay in business. I think it's
clear we have a right to survive to paint another
day.
Please note that the TOU for specific products
in this store may vary slightly and you should
read the README and TOU for each product. Generally,
it will follow the principles outlined above.
You can always email jaguarwoman@jaguarwoman.com
to ask about usage permissions.
|
