What Are the Commercial Terms of Use?

TERMS OF USE

The Graphics Fairy Premium Membership Site

Do you sell your art or items to others?  Looking for clarification on commercial use?  This short video summarizes our Commercial Use Terms.  As always, you can read the full terms (with examples) below for a more detailed explanation.

Terms of Use

*By purchasing and downloading these items, you are agreeing to the personal and professional use terms herein.

*The license is a single user license. It cannot be sub-licensed, resold, transferred, shared, or redistributed in any way.

*Items from The Graphics Fairy Members site may not be redistributed or offered as-is elsewhere for any reason. They may not be offered for sale (e.g. reselling to a stock resource website), offered as freebies, and they may not be made available for download or sharing outside of the site: members.TheGraphicsFairy.com

*Individual images  (.png & .jpg images, brush sets, vectors) downloaded from The Graphics Fairy Members site may be used in the creation of personal projects, in artwork that you offer for sale, and for client projects. There are no limitations on Personal or Commercial use on individual image files, provided you have made the resource part of another work or are not directly selling the resource itself for profit.

*Printables (.pdf) downloaded from The Graphics Fairy Members site carry a limited commercial use license.  Printables may be used in the creation of personal projects, in artwork that you offer for sale, and for client projects, provided you have made the resource part of a handmade physical product. Printable .pdf files, (or portions thereof), may not be digitally extracted, resaved, or resold for profit.  

*Written and video tutorials may not be resold, transferred, shared, or redistributed in any way.

Commercial Use Questions & Examples

Q. I sell digital elements in kits on Etsy, can I use a couple images in a kit with my own things / other things and sell it?

A. No. You may not take an individual image file from the site and resell it as-is (this includes offering it as an image file within a larger “kit” or “offering” of multiple images). This violates the terms of use regarding offering as-is elsewhere.

Q. What if I add a small change to an existing digital image, can I resell it?

A. In order to resell a digital copy of an image purchased through The Graphics Fairy Premium Membership site, the digital copy being resold must have undergone a change, making it a new work.  Typically, the industry understands this to be approximately a 40% change.  Visual examples of acceptable changes are included below in the discussion of what a “new work” is.

Q. Can I take the images of an entire bundle (or images from several different bundles), add them to a page and create a collage sheet PDF?

A. We welcome you to make collage sheets that incorporate the images in a new work. The printables on the Premium Membership Site are great examples of digital collage sheets (made using images on the site mixed with other resources and effects) that are acceptable.  However, if you take images from the site and add them as-is on a sheet of paper and save (and sell) as a PDF printable, this is not considered a new work. Why? If you are offering a printable like this in digital format, it is extremely easy for the purchaser to extract each of the original images.  For this reason, you would essentially be reselling an entire image bundle as-is and conveniently grouping the images in a single image file.

Q. I love this tutorial and think my blog readers would enjoy it too.  Can I copy your tutorial and post it on my site?  Don’t worry, I will let them know where I found it and who the author is.

A. No. The tutorials and videos are written and recorded exclusively for our Members. If the content is copied and reshared elsewhere (even with attribution), the redistribution creates a violation of the terms of use.

Q. This printable would be a great freebie on my website! Can I offer it?  Don’t worry, I am not reselling it.

A. No. The printables were created exclusively for site Members to print out and use.  If the printable is copied over and reshared elsewhere (even with attribution), the redistribution creates a violation of the terms of use.

Q. What are good examples of approved commercial use for printables?

A. We do not permit the Printables to be resold digitally at all.  We welcome commercial use of the printables provided they are made part of a Handmade physical product only (printables cannot be reoffered wholly or in part digitally).  Here are a few good ideas on appropriate commercial use of printables:

  • Printable papers used as wrapping papers for craft items you sell (e.g., soap)
  • Printable tags used as price tags for items offered for resale in an outdoor market
  • Printable collage sheets made in to jewelry pendants and resold
  • Printable collage sheets printed on shrink plastic and incorporated in to an art tin
  • Printable pockets, envelopes and ephemera reused as part of a junk journal
  • Printable cards and envelopes printed out and embellished with embossing powders, stamps, jewels, etc. and resold

Q. What is a “new work”?  How much of a change do I really have to make to be able to resell an image digitally or as a physical product?

A. For digital images, a new work can be achieved by doing things like: adding other images, adding effects, adding text, or digitally altering files to create a new conception of the image.  Typically, the industry understands this to be approximately a 40% change.  We have provided visual examples for you at the bottom of this page. 

A “new work” for our digital images is not:

  • Reorganizing images as-is on to a single page as a digital collage sheet
  • Taking images as-is and simply reorganizing them (or including them with other images) to make a digital stamp “collection” offered for sale
  • Adding a simple change to an image and reoffering it digitally or as a printable
  • Extracting portions of an existing printable and reoffering (in whole or in part), digitally or as a printable

For printables found on the site, a new work can be achieved by printing out the page, and altering it in to a new Handmade physical product. This can be achieved through processes like: decoupage, incorporating in a journal, image transfer on to another surface, making jewelry, adding embellishments, etc.

A “new work” for our printables is not:

  • Extracting portions of an existing printable and reorganizing them as-is and reoffering as a printable
  • Adding a simple change to a printable digitally (e.g., line, color change) and reoffering digitally or as a printable
  • Printing out a printable and reoffering as-is individually or in a collection of paper elements

Visual Examples of an acceptable New Work:  

EXAMPLE #1:  The original bee image from the site on the left, and a newly designed sticker using image (added text, shape, paper background, & lines) on the right.

This is a new work.  This is acceptable! 

EXAMPLE #2:  The original postcard image from the site on the left, and a newly designed digital image (postmarks removed, color changed, & subtle distressing added) on the right.

This is a new work.  This is acceptable! 

EXAMPLE #3:  The original rose image from the site on the top, and a newly designed rose swag digital image (separated flowers, duplicated & recombined in to a new graphic) on the bottom.

This is a new work.  This is acceptable! 

EXAMPLE #4:  The original sheet music cover image from the site on the left, and a newly designed background paper digital image (cropped, changed color & added distressing) on the right side.

This is a new work.  This is acceptable! 

EXAMPLE #5:  The original flower image from the site on the left, and a newly designed flower digital image (flipped, changed leaves, added another graphic (butterfly), & added shadows) on the right side.

This is a new work.  This is acceptable! 

Visual Examples that are Not acceptable: 

EXAMPLE #6:  This is a set of images, that are being sold nearly as we originally corrected them. 

This is a NOT new work.  This is NOT acceptable.

EXAMPLE #7:  This is a newly compiled printed collage sheet, the images were pulled from different bundles as-is, elements pulled from our collage sheet printables and reused as-is. No 40% change was made here. And Printables are not permitted to be sold digitally for any reason. 

This is a NOT new work.  This is NOT acceptable.

We hope this clears things up! We value our small business members, and we know that most of you do a great job of following these rules! 

** In 2019, we updated our terms to: clarify what individual image formats are, add detail to protect our always-expanding library of written & video tutorials, and clarify use of the printables we include with the image bundles as a bonus for Members who are paper crafters. Those updates are in the terms above. 

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