Can I use a purchased item in a freelance project or contract work for a client?
Yes. However, if the client intends to sell more than 500 units of the End Product you create, you will need to purchase an Extended License or multiple Standard Licenses. If you create the End Product for a client, your rights to purchased Items are transferred from you to your client.
What are considered "Installable Items"?
Items that are installed on your computer and used to generate new end products are considered Installable Items. This includes items such as Fonts. What are the End Product requirements? End Products must be significantly different than the original Item and require time, effort, and skill to produce. End Products must not be used or sold in a way that is directly competitive with the original Item you purchased. End Products must not redistribute the original Item to any third parties in a manner that allows for the extraction of the original Item.
For the following categories, special terms apply:
- Installable Items (Fonts): Here, an End Product must be a unique implementation of the Item. For example, you may purchase a font and use it to make unique word art but you must not redistribute the original files in any way.
- Product Mock-Ups: Here, an End Product must be a unique implementation of the Item, often requiring limited copy and content changes. For example, if you purchase a mock-up template, you may use the Item for yourself or a client after having input personal information or branding (you may not resell it as stock).
What is an End Product for Sale?
An End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person (wholesale, drop-shipping, etc.). For example, if you purchase a graphic and include it in a website designed for a single, paid client, this is not considered an End Product for Sale. If you purchase that same graphic and incorporate it into a calendar that you design and sell to multiple people, that is considered an End Product for Sale.
What is Personal Use, Commercial Work, Contracted Work, Client Work, etc.?
Both the Standard and Extended Licenses allow for Personal Use and Commercial Work of many kinds. However, if purchased Items are used in an End Product For Sale (whether by you or a client), special terms apply (a limit of 500 units sold under the Standard License, and an unlimited amount of units sold under the Extended License).
Personal Use is defined as using purchased Items in a manner that has no potential monetary gain. Personal Use projects cannot be related to any business, non-profit, or other organization of any kind. All purchased Items may be used in an unlimited number of Personal Use Projects. Examples of Personal Use include using a graphic to create t-shirts for a family reunion, using a template to create a birthday card that you send in celebration of a friend's special day, using a photo in a piece of wall art that you create for family member as a gift (no money changes hands), etc.
We define Commercial Work to be any work done that is not for Personal Use. Synonymous terms include Contracted Work and Client Work.
How many times can I use a purchased item?
A purchased Item may be used in one Project. As an exception, Installable Items may be used in an unlimited number of Projects on a one seat per license basis. A Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept. However, all purchased Items may be used in an unlimited number of Personal Use Projects.
For example, if you sell cosmetics in an online shop and you purchase a cosmetics bottle mockup to display your cosmetic product designs, you are allowed to use that mock-up in multiple End Products, each one displaying one of your package designs, because each of these End Products is directly related to marketing the package designs in one shop.
Another acceptable use case would be using a purchased graphic to create an End Product banner ad that advertises an end of the year sale for a client who owns a cosmetics company, and then using that same pattern to create an End Product of mailers that are sent out to advertise that same sale for the same client.
You may also purchase a photo or graphic to create a wall art End Product to hang in your home, and then use the same photo to create the End Product of a calendar that you gift to a friend, because these both fall under the umbrella of Personal Use Projects.
Conversely, you are not allowed to purchase a graphic to include in an End Product design that you create for an cosmetic company, and then use that same graphic when designing the End Product of a website for a Juice Bar, because these are unrelated End Products and therefore do not fall under the same Project.
You are also not permitted to purchase a business card template and use it to create the End Product of a business card for your own business, and then continue to use that template to create an End Product of a business card for your client’s cosmetics business because these are unrelated End Products and therefore do not fall under the same Project.
Item Packs and Bundles:
Item Packs and Bundles are Items that contain multiple Sub-Items. Project limits apply to Individual Items within Packs or Bundles in the same way they would apply to those Items if the Items were to be sold on their own outside of a Bundle or Pack (unlimited Projects for Fonts and other Installable Items, and one Project for all other Item types). In the case that a Bundle or Pack contains further Bundles or Packs, project limits for each Item within those subsequent Bundles or Packs apply in the same way they would apply to those Items if the Items were to be sold on their own outside of a Bundle or Pack (unlimited projects for Fonts and other Installable Items, and one Project for all other Item types).
When Sub-Items within Item Packs or Bundles are used, they do not all have to be used in the same End Product nor the same one Project. For example, an Item Pack containing 10 icons could potentially be used in 10 Projects if only one icon is used per Project and each icon is used only once.
Is there any limit to the number of impressions for my End Product?
For the most part, there is no limit to the number of impressions for your End Product. However, when purchased Items are used in TV, films, streaming video, on demand broadcasts, and/or online videos, exceptions apply. For these mediums, your End Product is allowed up to 10,000 views per month. For anything over 10,000 monthly views, please contact T/S/O/B/G directly in order to inquire about further rights options.
Can I redistribute Items I've purchased?
No, items purchased are for your use only. You may not include the original purchased items (or source files) in any distributed end products.
Do I have to credit The Sound Of Breaking Glass when I use it?
No, but it sure would be great if you showed us some love!