Uses templates as web base - to sell?!

Discussion in 'Legal Issues' started by Rukiara, Feb 1, 2010.

  1. #1
    Okay this may sound ridiculous, but I had someone ask for a layout I couldn't do awhile ago; so I respectfully declined apologizing for the inconvenience. Now my friend was like "Can't you just download a template and then do your own images/modify it?

    I can do layouts and such, but is that even legal? Does the template have to be royalty free or some crazy stuff? There are a lot of sites that offer "free templates" and what not, but to take something for free, put your own images and personalization, can you then redistribute? The idea was iffy to me so I didn't do it. But I thought it'd be a good question...


    Also I'm aware that for images if you modify certain images to an extent, like 30% or something I can't remember then it's legal for you to use (I know cause my dad had a store and he used the up and smoke guy but they modified it a bit). But I dunno about layouts??? :D

    Thanks for reading.
     
    Rukiara, Feb 1, 2010 IP
  2. xanth

    xanth Active Member

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    #2
    Unless you know where something is coming from, it's copyrighted with regard to content that can be copyrighted.

    General layouts is not that simple. If it's not unique and commonly used as part of regular practice there isn't a copyright for an "original work of authorship." It's part of coding and people will need to do it in order to create simple tables. Good rule - the more complex the layout the better chance it is a "unique and original" layout that is subject to copyright protection.
     
    xanth, Feb 5, 2010 IP
  3. DoDo Me

    DoDo Me Peon

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    #3
    Sorry, there has not website layout or design been copyrighted. Change the logo, then you done
     
    DoDo Me, Feb 12, 2010 IP
  4. xanth

    xanth Active Member

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    #4
    Riiiight. That's why designer's exist and have written agreements for such work. The rule is the more detailed the design, the better chance of copyright attaching. Much of this is common sense - if the work is original and not generic, chances are you're more likely to have a claim.
     
    xanth, Feb 12, 2010 IP
  5. Gr33ny

    Gr33ny Peon

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    #5
    Wrong, CDPA S90 states: you would retain all copyright until the license was transferred (through payment to you).

    So unless you purchase the template with a written agreement that you can re-sell or redistribute it, no, you can't, as the template author still owns the copyright.

    Lawyer'ed. xD
     
    Gr33ny, Feb 12, 2010 IP
  6. xanth

    xanth Active Member

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    #6
    Exactly. The license may be limited to just a single use.
     
    xanth, Feb 13, 2010 IP