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My goal as a digital artist to provide the best design resources I can, with the most generous
usage permissions possible without shooting myself in the foot.

The most fundamental, common sense rule in my Terms of Use . . .

You CAN use my digital design reources to create your own derivative designs, either to give away or sell to somebody else for personal use. You MAY NOT resell or redistribute my original products, whole or in part, "as is", without your own design input (see my definition of "derivative design" in the column to the right). You CAN use them for your personal projects and in your own business (in banners, advertising, webdesign, etc.) exactly as they are. But if you want to create a commercial product for sale in multiple copies, there are some restrictions which are covered in detail below.

Some Basic Requirements . . .

-Neither my products nor my email address may be used in any mailings from another location/business which include political statements or hatemail of any kind.

-Licensees do not aquire the ownership of the original images, but only the right to use the images with specific restrictions. Unless contractually stated in an individual agreement (as in commissioned work), the copyright (i.e, ownership) is not being transferred to the licensee and Jaguarwoman Webdesign continues to own the graphic images themselves while granting the right to use them in specific circumstances. 

-The license is not transferrable outside the boundaries of your own household. Specifically: you MAY NOT redistribute the original product files to other people through filesharing groups.

-The Terms of Use for each product and each Artist/Vendor are included in the product README, which is linked directly under every product description in the store. To spare yourself anxiety or disappointment it is important that you read and understand the TOU.

- The Terms of Use are also specified in the readme.txt document included in each product zipfile. This is a copy of my current license: Jaguarwoman License, which repeats what is on this page. Since I have been in business many years, early products may have an earlier text version included in their product files, but the essence of the license is the same as the statement at the top of this page: 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. 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 to clarify any confusion.

- You MAY NOT claim authorship of my product images.

-The use of licensed imagery is permitted with specific provisos and exclusions for specific usages consistent with the usage needs of specific markets . . .and these are explained below . . .


SPECIFIC PERMISSIONS/RESTRICTIONS FOR SPECIFIC MARKET

DIGITAL SCRAPBOOKING PERMISSIONS & RESTRICTIONS

"Personal Use" for scrapbook design is permitted with few restrictions. You MAY create your own digital or print scrapbook for your own family or friends and MAY give away that design effort within your circle of family, friends and aquaintances but MAY NOT sell it to the public or redistribute it in filesharing groups. 

"Commercial Use" for scrapbook design is permitted with some restrictions. You MAY create genuinely derivative designs for scrapbooking products/kits in the form of frames, cluster frames, vignettes, border art, decorative embellishments, quickpages, background papers & collages, journaling tags, banners, album covers, entire albums, and other functional scrapbooking design elements, to sell to a third party for PERSONAL USE, provided that have added your own creative input and the images are in a merged, flattened condition and not sold as a Commercial Use design resource itself in direct competition with the original product resources licensed from Jaguarwoman Designs. You MAY NOT create CU4CU merchant design resources out of my merchant design resources.

A detailed definition of "derivative design" can be found in the column to the right. 

ONLINE, MASS-MARKET, PRINT-ON-DEMAND STORES PERMISSIONS & RESTRICTIONS (such as CafePress, ImageKind, Zazzle)

You CAN create a unique design of your own offline, using my products (as in a merged, background composition with figures or various design elements on it) and upload that as your own derivative design product to sell in print-on-demand stores.

You MAY NOT simply place my images, in their original form, without your own design input, as discrete images on a craftsheet and sell that as a collage design resource.

DECOUPAGE DESIGNERS, PRINTABLES DESIGNERS, CARDCRAFTERS

You CAN use my products to create derivative designs in digitally downloadable cardmaking templates, backgrounds, vellums, toppers, pyramage, and decoupage to be sold to individuals in online craftstores which provide digital downloads. If you have a derivative design which uses one of my images as the top layer of your own design, you may place that "cut out" decoupage element on the craftsheet for sale. Credit, including my website url, is required for any image that is included on a craftsheet.

You MAY NOT place any image onto a craftsheet, as is or without significant derivative design input, and offer those original images images for sale on a "collage sheet" as a digital download or a print product for sale in craft fairs or craftstores.
Simply copying and pasting from my files onto a craft sheet is not derivative design and damages the value of the original product authored by me. Just be fair, eh?

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. I don't think it's too much to ask that buyers consider the concept of copyright and what "no resale/redistribution" of the original product actually means.

My Terms of Use are not complex. The basic concept is in the top few sentences of this page. The only reason for all the specific restrictions is the different design needs and practices in a wide variety of market segments.




Confused about what
"copyright" means?


This is not a strictly legal definition of copyright but rather the essence of fair practice in copyright. At its foundation, observing copyright means having common sense respect for the labor & investment of the author of a creative work in such a way that the value of that creative investment to its author is not damaged by your use of it. This matters a whole lot to designers and artists who are not dead. But it also matters legally to the people who acquire legal ownership of resources through other means than authorship.

"Copyright" can be applied to original works of art & design as well as derivative products which employ original art according to whatever Terms of Use the author has set on the use of their work and the usage permitted by the license. Craftspeople and artists may have differences in their permissions and restrictions. But generally, when you create a derivative work using design resources legally licensed from someone else and used within the boundaries of their usage permissions, you can then extend your own copyright to that derivative work. But you still would could not claim authorship or legal ownership of the original resources. To know about these differences, you would have to read and understand the license of any creative product you license.



A visit to the pages listed below will explain the issue better than I can.

Copyright Myths Uncovered

DIGITAL PIRACY AND THE RIGHTS OF DESIGNERS

Stop Piracy

Copyright

Rights

More Websites About Piracy

 

What Is "Derivative Design"

A "derivative design" is one that based, whole or in part, on other design resources. If that is not clear enough, "derivative" means "derived from" or "made from".

"Derivative Design" also implies a significant change in the design, which makes it different from the original. 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 legally and ethically done by artists and designers all the time IF the original artist permits their work to be used in this way. 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.

Placing an image on a monochromatic background does NOT constitute derivative design to me.

Re-huing an image does NOT constitute derivative design to me.

Adding a little jewel or sparkle here or there does NOT constitute derivative design to me.

Assembling images into a new zipfile for sale does NOT constitute derivative design to me.

That leaves a vast area of permissions for creative use of design resources.

 

 

 

 

     

Jaguarwoman Designs
Digitally Painted Floral & Animal Art, Abstract Backgrounds & Landscapes, Ornamental Alphabets, Decorative Borders & Ornaments, 3d Fantasy Characters, Digital Scrapbooking Kits & Design Resources For Personal & Commercial Use,
3d Texture Resources, Printables, Photoshop Styles & Brushes, Home Decor, Invitations, Greeting Cards, Custom
Design & llustration, Webdesign & Maintenance, Computer System Design & Upgrades . . . & much much more.

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