Template copy right issue ?

Discussion in 'Legal Issues' started by shadow213, Mar 17, 2006.

  1. #1
    I wanted to know...if I get a free template from a free template site and modify it like changing the images and style sheet...can I sell it ??

    Will it infringe anyones copy rights ??
    :confused:
     
    shadow213, Mar 17, 2006 IP
  2. Jufcy8200

    Jufcy8200 Banned

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    #2
    Most sites state clearly you may not sell/offer their free templates without their consent. Also, they usually also require you to keep their link in the footer of the design.

    I'd say you cannot sell it, even if you edit it. But i'm not a lawyer.
     
    Jufcy8200, Mar 17, 2006 IP
  3. jdi_knght

    jdi_knght Peon

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    #3
    I agree with bbott. While often times you can customize the template for your own use, usually you're not permitted to sell it, especially in the case where they require you leave a link in the footer.

    This can vary though. If you can't find any sort of 'agreement' attached to the template, the best thing to do is contact the author and ask.
     
    jdi_knght, Mar 18, 2006 IP
  4. TheNetCode

    TheNetCode Peon

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    #4
    The others are correct. It is best to simply code your own and sell it. Then you will avoid any legal issues and name tarnishing.
     
    TheNetCode, Mar 18, 2006 IP
  5. shadow213

    shadow213 Peon

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    #5
    okay..i got the point...
    but what if I get the work done from a designer..am I then allowed to sell those templates ?
     
    shadow213, Mar 18, 2006 IP
  6. Jufcy8200

    Jufcy8200 Banned

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    #6
    Well if you pay a designer for a website, you should hold the copyright to it once you pay in full. So... if you wish to sell the design that is up to you.
     
    Jufcy8200, Mar 18, 2006 IP
  7. rewlie

    rewlie Active Member

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    #7
    You might get in big trouble regarding this copyright matters, so better be careful, still remember the case that big G got sued because of an image ? For me it's just the image.. but when it comes to copyright, everything else matter ..
     
    rewlie, Mar 19, 2006 IP
  8. TheNetCode

    TheNetCode Peon

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    #8
    Simply stipulate the terms you have up front with the designer. Let them know that you need work done for you to sell and that the work is going to be anonymous and that you will pass future work onto them if they do a good job and the template does well. This is profitable for both of you. There are many businesses that outsource their work anonymously and receive all the credit. Benefit is for both sides. Designer gets to keep getting a steady stream of work without worrying about marketing and the marketer gets original works to sell and can concentrate strictly on marketing and selling.
     
    TheNetCode, Mar 19, 2006 IP
  9. Markus

    Markus Peon

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    #9
    This is not a legal advice but I think NO. Common sense says that the payment was for the design to be used by you and not for resale. The designer always keeps an original right and usually gives you a simple permission to use it not to sell it. Copy right laws are quite different from country to country.

    Better say up front what you have in mind. Designers are usually bad sales persons and may be happy when you do the sales job.
     
    Markus, Mar 20, 2006 IP
  10. TheNetCode

    TheNetCode Peon

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    #10

    Actually you are wrong.

    If the designer kept the rights to the template then they could technically resell the template. Which of course would make your unique design not so unique anymore.

    The template you have designed for you is yours to do with as you wish. It is always best to let the designer know that the template will be mass marketed, but is not truly necessary as you are paying for the work to be done for you. Once paid for the work is yours unless you have some kind of legal contract that states you cannot do as you wish with the work and what person in their right mind is going to do this. Especially when they are paying for the work.
     
    TheNetCode, Mar 20, 2006 IP
  11. mjewel

    mjewel Prominent Member

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    #11
    It comes down to the agreement between you and the designer. Just because you pay for the work, you may not automatically have resell or even unlimited usage rights. For instance, it is very common in photography to have limited usage rights. You might be only able to use a photograph for six months and any further use requires additional payment. A company I once bought had hired a fairly famous model and paid a fairly large sum for a days work. A year or so later, I had some POP displays made for an instore display using this photograph and wound up having to pay an additional $10K when they discovered the usage. I had incorrectly assumed that when you pay for the model and photographs, you owned them. It's best to have it understood that you want the full rights to whatever work you are paying for. Even Istockphoto requires an additional fee is your usage exceeds the terms you when you purchase photo usage. A lot of stock photos have restrictions against the reselling of an image you purchased, including use in a template. Just make it clear you want unrestricted/exclusive rights to the work and that should prevent any problems.
     
    mjewel, Mar 20, 2006 IP
  12. TheNetCode

    TheNetCode Peon

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    #12
    You are right and this is why it is always best to cover this with the original designer from the beginning. The law is a tricky thing and you are always best suited to covering your bases even if you are well within your rights. Informing them of your intention to use the template for mass selling is a normal part of having such templates designed. You may come across a designer who does not want to work on such a project and wishes their work to remain original and a one of a kind. Everything is not black and white. You have to use common sense and put whoever your dealing within in the loop of knowledge from the beginning to give them a choice on the matter.

    They may not have any legal recourse when you purchase your site, but it is always best to avoid any bad publicity. People may view you as a thief and this can take a severe toll on your website. So simply cover your bases.

    Oh and remember that Photos are defenitely a big copyright issue. They are in a world of their own as Mjewel stated.
     
    TheNetCode, Mar 20, 2006 IP
  13. Markus

    Markus Peon

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    #13
    Thank you both for the examples.

    @TheNetCode: It was not nice to call me wrong so bluntly! :mad:

    Yes, that is exactly the case!!! Let me explain this:

    Stock photos or stock templates can be "bought" to be precise you buy the right for the discussed use e.g. 10000 postcards or 1 website. You can also buy the EXCLUSIVE rights to use it.

    I noticed a book title with the face of a woman which went up in the top 100. At that time a furniture shop chain used the same picture for their spring campaign. A clear case, the book publisher had not bought the exclusive usage rights from the stock photos company. The exclusive rights are much more expensive than the simple right.

    O.k. a webdesigner usually doesn`t have stock templates and if he works for you it is a not outspoken common agreement that it is an exclusive design. Nevertheless the designer has certain rights e.g. he or she may use it for selfpromotion, e.g. showing the works in a folder or online.


    Now, resale rights are more complicated. You would normally not get them so easily from a designer because much more money is involved. And if you don`t do that in writing you may find a judge applying common sense. He will wonder how much money was paid and say, o.k. that was a typical price for a "simple" right and not resale rights. And you will find yourself in trouble paying the designer his fair money.

    But why not playing with open cards? Tell them what you are doing and maybe you can agree on a commision? That could be much less money for a small company at the beginning. If this designer is good you will need him or her again and you both make some money.



    Well I don`t want to argue now any further but warn everybody oncemore that copy right laws vary around the world. I am also concerned with design and advertising law. As I said I don`t give any legal advice here and we don`t know which country`s law is applicable to shadow213.

    So best get current information AND be honest and pay the designer.
    http://en.wikipedia.org/wiki/Copyright
     
    Markus, Mar 20, 2006 IP
  14. TheNetCode

    TheNetCode Peon

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    #14
    Was not meant to be mean Markus. I agree that copyright laws are different around the world. Like I said you are best off talking to the designer about your intentions first to alleviate any issue you might come across later. This way as you said if they want more money you can work that out in the beginning. Sorry if you took it as bashing you since that was not the intention. This was a legitimate question and a good one for those that do not know the laws regarding this. :)
     
    TheNetCode, Mar 20, 2006 IP