Text= (1) Product Name: Jaguarwoman's "Gloriana", Product Copyright: Dana Sitarzewski aka Jaguarwoman, August 2010 (2) Author Name & Email Address: Dana Sitarzewski aka Jaguarwoman, jaguarwoman@jaguarwoman.com (3) Product Description: "Gloriana" is a deliciously fancy design resource which provides a lot of versatility and you'll have many hours of creative pleasure from them. There is a lot of possibility for hue variations and putting things together your own way. I have 7 highly detailed, digitally-painted scrolling corner ornaments. A couple of these ornaments are provided in more than one hue variation to show you an example of how different they will look with some artful manipulation. All the corner elements are provided in png file format, on a transparent background. There may be a tiny 1 pixels drop shadow on some of them as part of their appropriate dimensionality. These ornaments have also been fashioned into both frames (7) and backgrounds (7) in a variety of subtle hues. 7 backgrounds are in a merged, jpg file format and 7 frames are in png format. I've also included a single monochromatic jpg background paper with a scrolling motif, which can be rehued so that you can use it as a base for your own adaptations of the scrolls and frames. All images are 300 dpi, the exact pixels dimensions are listed in the file list below. The images in this package are suitable as embellishments in print work and webgraphics. Please read my Terms of Use page for specific restrictions or permissions. NO ELEMENT IN THIS PACKAGE MAY BE USED IN A COMMERCIAL SCRAPBOOKING PRODUCT without Jaguarwoman's Gold Club CU Scrapbooking extended license. (4) System Requirements: PC or MAC plus Photoshop, PaintShopPro or any graphics program that can open psd file format (5) Needed Files: No 3rd party files are needed for this product to function. (6) Installation Instructions: Unzip the zipfile using Winzip or Stuffit (if you are using a Mac), open your graphics program, navigate to the directory and folder into which you unzipped the zipfile, and open any of the psd files. (7) Usage Tips/Limitations: If you want to reduce the size to a specific width or height, use your "Sharpen" filter AFTER reducing it for best effect. These images reduce very nicely in dimension, but may require a bit of sharpening when reduced by 75% or more. (8) Files Included jag_gloriana.zip jaguarwomanlicense.txt jagglorianareadme.txt There are 7 scrolling corner ornaments, some of which are hue variations of the basic monochromatic base, all in png file format: jag_glorianacorner1.png (1219 x 1218 pixels) jag_glorianacorner2.png (1151 x 1230 pixels) jag_glorianacorner3.png ( 955 x 950 pixels) jag_glorianacorner4.png (1269 x 1269 pixels) jag_glorianacorner5.png ( 805 x 861 pixels) jag_glorianacorner6.png (1864 x 1867 pixels) jag_glorianacorner7.png ( 955 X 950 pixels) There are 6 backgrounds which make use of corner ornaments, all in jpg format: jag_glorianabg1.jpg (1874 x 2624 pixels) jag_glorianabg2.jpg (1875 x 2625 pixels) jag_glorianabg3.jpg (2400 x 2400 pixels) jag_glorianabg4.jpg (2400 x 2400 pixels) jag_glorianabg5.jpg (2400 x 2400 pixels) jag_glorianabg6.jpg (2400 x 2400 pixels) jag_glorianabg7.jpg (2400 x 2400 pixels) There are 7 frame-background variations with different hue variations and a space in the center for your own photo of composition, all in png file format: jag_glorianaframe1.png (1875 x 2625 pixels) jag_glorianaframe2.png (1875 x 2625 pixels) jag_glorianaframe3.png (1771 x 1773 pixels) jag_glorianaframe4.png (2400 x 2400 pixels) jag_glorianaframe5.png (2400 x 2400 pixels) jag_glorianaframe6.png (2385 x 2392 pixels) jag_glorianaframe7.png (2400 x 2400 pixels) (10) License and Terms of Use: 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. 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 one OR 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 in commercial projects such as webdesign, 3d texturing, advertising, illustration, printables projects, candy wrapper businesses, card making, signage, role playing games, and as photographic backgrounds. There are limitations for commercial usage in specific areas, so please read them below. Fourth, the terms of use are specified in the Readme.txt document included in the product zipfile. 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. 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. 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 restrictions 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. (3) you may not resave them in another file format and 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 The concept here is that when I license my images, they are intended to be used as design resources and to be incorporated into the licensee's own commercial products 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 "design resources". Only I can sell my own work as design resources. The 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 which you will them sell as a design resource, 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 than than the original digital files. The digital files may not be resold as 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 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. As of September 11, 2009, Jaguarwoman design resources purchased in my store from this date forward may not be used, in whole or in part, in any scrapbooking kit for commercial sale without an extended Commercial Use Licenxe. Jaguarwoman grants such licenses privately and totally at her own discretion. Without this license, Only I, Dana Sitarzewski, aka Jaguarwoman, or my designated agents, can produce kits to be sold outside this store from this date forward. 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, 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 modification, 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 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, ImageKind, Zazzle, and similar online mass market, image-based stores Buyers are not permitted to upload Jaguarwoman 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 work, 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. Changes in usage happen daily. When artists create works, 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.