Saturday, January 19, 2008

Commercial use products........

I have wasted so much money buying commercial-use products only to find out after the fact that I cannot use them for what I intended to use them for. I got a pretty $%^#$% email this week from someone named Stacy ( an owner of a digiscrap store) telling me to remove files immediately from my blog, telling a designer that I violated tou, etc. I was tempted to reply because I was so mad. The email was very rude.And I did not remove the files for HER! I did talk to the designer and it was taken care of without her interfering.
Then, I did however create a freebie and did not credit the person who originally created it and was contacted by her and she was respectful and kindly asked that I give her credit. (which I did).
I have no intentions on ever violating a tou or not giving credit for someone elses "help" in creating the final product. I do have a problem with tattle-tails and people being rude to me when they have NO right. I spend a lot of time creating freebies and I don't make any money from them and do it because some are not able to make their own and I also enjoy making stuff. So...I spent all this money in the past 2 years on commercial use items and there are so many resrictions that I will never be able to use them like I wanted to.
Most of them let you make kits, but no element packs. And they have to be significantly altered. So I cannot colorize them and add a few overlays and then share it with you even though I did purchase it. How in God's name can you significantly modify a button and it still be a button?
Please tell me.
Anyway...I just needed to vent about this. There are some who have reasonable TOU and I will continue to buy their items when I am able to but some of them ( I will refrain from putting the names here) are so outrageous with the tou that it takes the fun out of it.
Hope you all have a great weekend.


Princess said...

I'd really like to know the names of the good ones to buy from, because I was thinking of doing the same thing...going out & buying commercial kits. Would you please email me? Also.... thank you for doing this for everyone! I'm sorry that it turned out the way it did for you! You were just trying to help people out!!

GraphicAddict said...

Well Chicky, I guess we found out the hard way that things aren't always what they seem. We'll make some actions and sell the crap out of them!!!!

olga9999 said...

So sorry about the commercial use dispute. I too thought that anything commercial would entitle you to offer anything done with it as a freebie or product. I didn't know the TOU's could be so restrictive, and honestly if they don't allow you to make that kind of use they should offer that as personal use, it's what most designers do as far as I know. :(

Thanks so much for the freebie down below, it's very pretty, and best wishes. :O)

Jessica said...

Argh! I'm sure that was SO FRUSTRATING and hurtful. =( Eventually I want to design digi SB stuff for my own use and for awhile, I considered trying to sell them and/or offer as freebies. I've since decided against both because I've SO many stories such as your own and IMO, it's not worth the potential (inevitable, perhaps?) drama. I am completely against stealing art/designs of any medium from others, but honestly - how many people can design a star and keep it 100% unique. If I designed and sold comm. use products, I would know, to a certain degree, there is going to be borderline misuse and I'd pick and choose my battles. (BTW - I wouldn't be surprised if anyone posted a comment giving me what-for over my statement, so bring it on! I believe I'm on the right track =))

In this situation, if there was a misunderstanding, then treat it as that, not like a museum heist! =P

You are awesome, girl! As the song goes, 'Brush that dirt off your shoulder!'

cinmcw said...

I think you SHOULD post some of the sites whose terms are vague or unfair. That would be a service to many. I've heard worse stories from wonderful (and innocent) designers who spent tons of money on these purchases only to discover the terms render the product almost unuseable in the true sense of "commercial use". I mean, geez-louise, commercial use was never meant to be so complicated and basically, you're purchasing these specific (commercial use) items in the first place so that you have the ability/right to use it to earn money or to create your own designs through the use of these items. If the items have so many darn restrictions, they should not be sold/advertised as "commercial use" items.

Thanks for sharing...and thanks for sharing your beautiful work, too!

Cindy (cinmcw)

Candy Cook said...

I agree whole-heartedly, and as a designer at .. anything that I sell as commercial use is basically do whatever the heck you wanna do with it (other than redistribute originals) .. i dont even care if you give me credit in your TOU.. you bought it, it's yours to play with and make money from.. or not. Also, "outing" these places that SCAM people is a good thing. I know the divine digitals comm use grab bags SUCK

Melanie Morales said...

I get as frustrated as you do with all of the TOU's for a number of reasons. I swore if I ever get serious about designing -it will be for personal or commercial use - I have a TOU file that basically makes fun of TOU's! I agree with the poster's suggestion that you post the vague and problem designers because we all need to know about those! I only deal with designers directly - that's one thing I have learned. One of the most generous and detailed TOU's from a designer I love is Kay Miller Designs. Her commercial use is $25 for a year and it covers any of her kits. I do a lot of scrap for hire - and her commercial use license works for me. However, I have not considered looking at it from selling or giving away new designs from her elements - that probably is not covered in there - but it may be. I think different people have different definitions of commercial use. I've heard great things about Bannerwoman as well... She doesn't even care if you give her credit or not.

I can't believe there are people out there who make themselves the digital scrap police and actually go and email nasty emails to people like the one you got! And they weren't even her designs!

I have come across one person in four years that was obviously reselling stuff designed by other designers - I actually had the stuff she was selling - I got as freebies. I contacted the original designer and clued her in and then left it at that - just because it was so blatantly obvious... The previews were even the same except the original designer's logo was smudged out and replaced by the new one.

But if you credit the designer - I don't know why they get all snippy. Especially since the good designers don't even care if you credit them or not! I have purchased many a kit because I first saw an element or two in a layout or a freebie kit somewhere that gave them credit.