Cccccchanges

Well, I suppose it's about time to blog about the changes to my commercial TOU. The last two actions being released and the fact that the TOU link on my website links to my non-commercial general TOU has cause a bit of confusion, at least with the ten or so people that wrote to me for clarification. So, here is the scoop.

I changed my commercial TOU in February of 2007. Any purchases which you made BEFORE February 1, 2007 are not impacted by the new TOU. I didn't think it fair to anyone to change the TOU after people made a purchase so it only impacts purchases that you made after I posted the new TOU.

The practices that I was trying to stop with the change to the TOU were designers offering products created exclusively from elements created with my actions (a pack of 40 bows) and designers that have not purchased my actions having items created with them in their page sets by either having friends with the actions create elements for them or by purchasing the above mentioned pack of elements with a commercial license.

It's not that it bothers me that stuff is made from my actions and is used by fellow digiscrap designers, that is why I created them and offer a commercial version. I can tell you, however, when the actions first came out and people were using them to create a few elements for their kits that sales were doing well. Soon some of the customers started creating products made entirely of my products (a package of bows, etc.) and sales on subsequent releases dropped. First off, if people can purchase a huge package of bows and recolor them, then there is really no need to purchase my actions - which could be responsible for some of the decline. However, designers would not typically purchase a bow and then use it in a kit. So the decline is sales of the commercial versions is likely not because they are using the packaged bows.

So, I solicited feedback from some commercial customers who opted not to purchase subsequent releases. The feedback was that when the market is flooded with an item and it is pretty easy to acquire - it is less desirable. One even said it was pretty disheartening to have purchased a commercial action and then to see an entire set of them available for commercial use.

Well, I really really like my commercial customers - fellow designers. In addition, a larger percentage of them use PSCS2 than other groups who may be interested in my products. I think it is just good business practice to address their concerns. Sooo....

When I sell an action, it is available only to a limited number of people. Basically designers and scrappers that use PSCS2. However, when someone creates an entire package of bows and makes them available to anyone that can use a .png file - the market floods much more rapidly. This reduces the "worth" of both the action and of the items created with the action. Therefore, I made the changes to protect my product line as well as the product line of my much valued commercial customers.

I have made a few other changes also. The last two releases are a bit more customizable than previous ones. In the bead action you can create your own path, select from four different kinds of beads (large, small, round, and oval). In the petite bow action the bow and ribbons are not flattened so that you can place more than one bow in different positions and rotations along the ribbon. Also there is the ability to add texture to two of the bows during the creation, so a solid color rectangle will even turn out an awesome bow. (the other bows can do it too, you just need to add the texture before their creation). The last thing that I changed was the pricing structure. The costs have gone up a bit. One it reflects the market better and two, it will make them a bit more exclusive.

I think that these things will make the items more unique and less likely to be spotted as "everywhere" and may cause a few less people to buy them - so the perceived "flooding" that happened with previous actions is less likely to happen. I realize that these two items will result in a bit more work and less sales for me, but, it will protect my commercial customers better so it's worth it.

So, in short, (OK, it's too late for in short) - the commercial version actions can be used by my fellow designers to create elements for use in their digiscrapping page sets that the sell to scrappers, scrappers for hire, photographers, and crafters. They can be sold or given away as freebies. What can not be done any longer is creating products made exclusively from elements created from my actions and offering any of the elements up with a commercial license that allows other designers to use them in their offerings.

That's my story and I'm sticking to it :) Sorry for the long winded read without any pretty pictures to break up the monotony. I am pasting the contents of my new Commercial TOU below for anyone who might need more detail than there is already contained thusfar.

Roberta

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Designer Photoshop Actions
by Roberta D’Achille
Rendered Memories

Commercial Version TOU (Terms of Use)

These items were designed to allow digiscrap designers to utilize them to create elements for their pagesets for their customers. They were not intended to be used to create entire collections of bows, beads, etc. In addition, they were not intended to be used to create supplies for designers, but, scrappers. If you allow commercial use of your products for scrappers-for-hire and crafters, that’s OK. If you allow commercial use of your products and market it for designers, then this product is not the correct choice for you. You can email me if you have questions.

By purchasing the commercial version of Roberta’s Designer Photoshop Actions, the purchaser has the right to:

1. Install the action(s) on one computer and one laptop at any given time.
2. Utilize the actions in conjunction with their own work to create digital files which are commonly referred to as elements in the industry.
3. Distribute the derivative elements either as individual items as freebies or as freebies or for sale as components in page sets of items (designers).
4. Utilize these elements in the creation of layouts for customers (scrappers for hire and photographers).
5. Utilize these elements in the creation of projects for customers (crafters).
6. Charge their customers for these items as appropriate.

The purchaser does not have the right to:

1. Purchase the actions in the name of a legal entity (consignment shop, corporation, etc.) and distribute the actions to more than one designer or scrapper.
2. Utilize the actions with items to which the purchaser does NOT hold the copyright and then distribute these items unless permissible by the copyright and TOU of the other items. Nothing in this TOU shall be construed to contradict the copyright rights of any designer, myself included.
3. Utilize the action or components of this action to create another action.
4. Share, loan, rent, sell or distribute the action or a derivative of the action.
5. Use the product on more than one computer or laptop at a time.
6. Create and share elements with other designers to be included in their products.
7. Offer a product created exclusively from these actions and sell them as a set. That is, a set of bows, a set of beads, a set of ribbons, etc. The actions were designed to allow you to create elements to be a portion of your page set, not your entire offering.

Crediting the source:

While not required, if the purchaser wishes to credit the source, please credit as follows:
Photoshop actions by Roberta D’Achille.

LIMITED WARRANTY
Roberta D’Achille warrants that your Product shall be free from defects for 30 days from the time the Product is sent to you. If you detect a problem within 30 days, please contact me by e-mail: RSDMSPT@.com or through the Rendered Memories web page, www.renderedmemories.com.

LIMITATION OF LIABILITY
Roberta D’Achille’s sole responsibility to you shall be to abide by the limited warranty as
stated above. Under no circumstances, including negligence, shall Roberta D’Achille or
Rendered Memories be responsible for any damages or loss that result from the use of, or
inability to use the Product.

For other uses not covered above, please email me to discuss. If you have questions about the use of these actions, please contact me. Thanks and best of luck with your projects!

** Bold Items have been changed as of February 1, 2007 and apply to any purchase made after that time.

Comments

[Connie]

So far you haven't made a commercial action that I haven't bought and I LOVE them all! Thanks for making them to help those of us with less talent than yours!

[Irene]

Your terms are more then fair and your actions are fantastic at any price! Thank you!

[Debbie]

I have purchased sonme of your actions and totally love them. I think that your TOU is more than fair :)Just have to find the money to buy your latest ones. They are sooo yummy!

[DigitalBits]

i saw it happing, the flood, and was absolutely taken back that anyone would have the audacity to turn around and sell commercially a package of elements from your created action! [tacky.tacky] when i wake up i will be back for the stitches *s*

[Carla]

I have purchase quite a few of your actions and I just LOVE them! Your new TOU is more than fair and certainly understandable.
Price..DID the price go up? I hadn't noticed :) I would purchase then no matter the cost!
Thanks Roberta, for all of your hard work!

[Jan R. Freeman]

I just came across your Photo Shop Actions from an email you sent through a scrapbooking group. I am in awe of these and would like to try some. I am a PSP user, therefore will have to learn PSCS2.