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Old 11-07-2009, 08:32 AM   #1
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Default Does This Bother You - Animoto

I'll make an assumption that every Warrior that sells products & services wants their buyers to live up to any terms & conditions that were set when they buy.

I continually see ads on the Warrior selling video's created with Animoto & recommending that they consider using that software when they create video's to sell to others.

Animoto's terms & conditions, including the paid Professional version, specifically, "Commercial Users may not distribute or make available Animoto Videos to third parties if such third parties intend to use the Animoto Videos directly or indirectly to derive a commercial benefit or pecuniary gain." They explain that the commercial use is for say a wedding photographer to be to create & sell a video to the wedding couple that they photographed.

Using Animoto to create video to sell to other businesses to use in their marketing efforts is not allowed per the above.

Does it bother you that Warriors are selling products/services that are being sold based on using a product illegally?

I'd like to see what other members think?
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Old 11-07-2009, 11:28 AM   #2
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Default Re: Does This Bother You - Animoto

I would be willing to bet that the people selling the videos have not carefully read over what you just posted.

However, I agree that I would be a little cautious purchasing.

I do not believe they are purposely trying to sell something that is illegal, rather they just have not read the Terms and Conditions.
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Old 11-07-2009, 11:39 AM   #3
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Default Re: Does This Bother You - Animoto

Actually it does bother me because I bought one of these - the, ahem, Warrior has since disappeared.

First, I'm disappointed the author of the WSO had not disclosed he was using Animoto and secondly, because I felt I was ripping off Animoto if I knowingly used, I didn't.

On the plus side, it led me to buy a commercial account with them, which is far more valuable than the WSO's.

Lesson learned - ask the WSO author if the video will be produced using Animoto.


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Old 11-07-2009, 11:41 AM   #4
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Default Re: Does This Bother You - Animoto

I would agree with brettmwindmann but also at the same time I have been here so many years that I do not let things bother me anymore. I am too old and lettings things bother you just causes stress and hair loss..

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Old 11-07-2009, 12:02 PM   #5
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Default Re: Does This Bother You - Animoto

I agree that sellers that suggest using Animoto, may not be aware that what they are offering is in violation of Animoto's T & C's .... but, it is their responsibility to to make sure what they are selling is okay to sell. They haven't done their job & now there are suggesting to other people to take the same action's, that could potentially have them face legal action from Animoto.

Be careful what you buy & do your own due diligence.
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Old 11-07-2009, 12:08 PM   #6
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Default Re: Does This Bother You - Animoto

They do offer a commercial license.

I think this :

Quote:
Once you have paid the appropriate fees to become a Commercial User, you may then create Animoto Videos which you may use for commercial purposes. However, you may not use Animoto Videos created prior to, after, or outside of your Commercial User membership for commercial purposes. For example, if you create an Animoto Video as a (non-Commercial) User, and subsequently become a Commercial User, you may not use such Animoto Video for commercial purposes.
means if I make a video but I'm not a paying member and then I become a paying member, I can not take the video made while I was not a paying member and use it commercially.

But any new materials created while being a paying member would be ok to use commercially.

I am unclear if one is required to maintain the license for anything made to continue to be used commercially.

I just met another member last night who does have this professional commercial license.

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Old 11-07-2009, 12:17 PM   #7
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Default Re: Does This Bother You - Animoto

Avenuegirl,

The below is directly from Animoto's site (animoto - frequently asked questions), the terms & service, which is hyperlinked at that page, spell out what I said in my original post:

-------------------------------------
Can I resell Animoto Videos?

The Terms of Service allow for you to re-sell videos to individuals, but not to other businesses.

Each business using Animoto commercially must have their own Animoto for Business account. However, feel free to re-sell videos to individual people (for example, a videographer selling a video to a couple who just had a wedding).
---------------------------------------
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Old 11-07-2009, 12:33 PM   #8
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Default Re: Does This Bother You - Animoto

This has already been discussed in depth..

In order for you or anyone to use an Animoto created video you must have an active commercial account at animoto.

That means that if anyone creates and sells an animoto video for another that person who purchased the video, in order to use it must pay $250 a year to animoto.

If they ever stop paying they are no longer licensed to use the video according to the licensing of animoto.

It does not matter whether they host the video or not... even if the video was downloaded and you host it your self animoto requires you to continue to pay the subscription fee or you must cease to use any video created with animoto.

I know it sound outrageous but them's the terms. Animoto's licensing sucks...

And that is why I wont recommend them to anyone. They want to be paid perpetually even when they are not providing any ongoing service or value.

Animoto is a ridiculous choice for anyone creating one or two videos...

The only person it would be ok for is for someone who uses it continually to produce and host videos.

Quote:
Originally Posted by avenuegirl View Post
They do offer a commercial license.

I think this :



means if I make a video but I'm not a paying member and then I become a paying member, I can not take the video made while I was not a paying member and use it commercially.

But any new materials created while being a paying member would be ok to use commercially.

I am unclear if one is required to maintain the license for anything made to continue to be used commercially.

I just met another member last night who does have this professional commercial license.

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Old 11-07-2009, 12:43 PM   #9
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by TheRichJerksNet View Post
I would agree with brettmwindmann but also at the same time I have been here so many years that I do not let things bother me anymore. I am too old and lettings things bother you just causes stress and hair loss..

James
At least you still have hair... why do you think I wear the hat?

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Old 11-07-2009, 12:45 PM   #10
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Default Re: Does This Bother You - Animoto

This is all true... Here is a link to their B2B terms:

Animoto for Business

Their licensing is very strict and just not worth it since it's only an annual license.

Quote:
Originally Posted by Josh Anderson View Post
This has already been discussed in depth..

In order for you or anyone to use an Animoto created video you must have an active commercial account at animoto.

That means that if anyone creates and sells an animoto video for another that person who purchased the video, in order to use it must pay $250 a year to animoto.

If they ever stop paying they are no longer licensed to use the video according to the licensing of animoto.

It does not matter whether they host the video or not... even if the video was downloaded and you host it your self animoto requires you to continue to pay the subscription fee or you must cease to use any video created with animoto.

I know it sound outrageous but them's the terms. Animoto's licensing sucks...

And that is why I wont recommend them to anyone. They want to be paid perpetually even when they are not providing any ongoing service or value.

Animoto is a ridiculous choice for anyone creating one or two videos...

The only person it would be ok for is for someone who uses it continually to produce and host videos.


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Old 11-07-2009, 12:47 PM   #11
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Default Re: Does This Bother You - Animoto

Well thanks for the information!

I've never used them, but don't think I ever will with those rules.

Cost wise, it does not make sense for my business.

As for others recommending it - if they are clear with the details of what will be required for legal continual use of the video then I have no issue.

As for the number of sellers who have included this information I wouldn't have a clue.

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Old 11-07-2009, 01:06 PM   #12
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by Josh Anderson View Post

I know it sound outrageous but them's the terms. Animoto's licensing sucks...

And that is why I wont recommend them to anyone. They want to be paid perpetually even when they are not providing any ongoing service or value.

Animoto is a ridiculous choice for anyone creating one or two videos...
Then what would you recommend as a good alternative? Just curious...

I did not realize the t&c were so strict, I just suggested it to someone last week. Guess I should do my homework before opening my big mouth!
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Old 11-07-2009, 03:00 PM   #13
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Default Re: Does This Bother You - Animoto

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Originally Posted by DogScout View Post
At least you still have hair... why do you think I wear the hat?
LOL ... I will probably be there before too long ... Hmm maybe a gray hat would be good..

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Old 11-07-2009, 04:24 PM   #14
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Default Re: Does This Bother You - Animoto

okay.. then I guess according to this thread.. I'm in the wrong... I DO have a commercial license, but in reading this thread and their FAQ, seems I'm in the wrong, so I'll close my thread effective immediately. Wasn't aware of this.

Can I resell Animoto Videos?

The Terms of Service allow for you to re-sell videos to individuals, but not to other businesses.
Each business using Animoto commercially must have their own Animoto for Business account. However, feel free to re-sell videos to individual people (for example, a videographer selling a video to a couple who just had a wedding).

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Old 11-07-2009, 04:33 PM   #15
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Default Re: Does This Bother You - Animoto

Based on what I'm reading here.. and just looking at Animoto.. seems you guys are right and I'm in the wrong... Based on that, I've closed my thread. While I DO have a commercial license, I wasn't aware you would need one also.. that is very limiting. Still love Animoto.. but guess it's just for my stuff now... Best. SBV

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Old 11-07-2009, 04:35 PM   #16
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Default Re: Does This Bother You - Animoto

Exactly. When I see videos created by animoto for $30 a pop, I doubt the seller pays $220 out of his pocket so the person using his/her video can get their license.
But at least it seems like it's not such a hot trend anymore as it was a couple moths ago.

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Old 11-07-2009, 07:56 PM   #17
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by Chris_Willow View Post
Exactly. When I see videos created by animoto for $30 a pop, I doubt the seller pays $220 out of his pocket so the person using his/her video can get their license.
But at least it seems like it's not such a hot trend anymore as it was a couple moths ago.
I cannot speak for others, and of course it can be argued that ignorance is not an excuse, but I never created a video with the intent of misleading, nor of course did I pay out $220. 'Nuff said on that... I have closed my Animoto thread.

I will go on record as saying that the following video was created with Vegas Video, it was not done for $30 and it took about two days to create, with some customer input.


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Old 11-07-2009, 08:03 PM   #18
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Default Re: Does This Bother You - Animoto

You only have to pay the licensing fee while you're creating the video or hosting it on their site. Once your membership lapses, you can continue to use the video as long as it's hosted elsewhere.

This was my question to Rebecca at Animoto:

"I understand that videos can no longer be stored on your system after a membership lapses. That’s more than fair. But can they be hosted or displayed ANYWHERE after a membership lapses? If they have been exported to YouTube, are people legally required to take them off of Youtube once their Animoto membership lapses? If the answer is no, I think we’ll get a commercial license because we like what we see so far."

Rebecca's response:

Yes, you can host them elsewhere once the membership lapses. Let me know if you have any other questions!


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Old 11-07-2009, 08:18 PM   #19
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Default Re: Does This Bother You - Animoto

That is not what their license says.

Their licensing actually says that you cannot continue to use the video... whether they host it or you do...

If you are not paying the membership fee.

Do you really think that their outsourced support staff fully understands their idiotic licensing when no one else does?

A quote like that is nice if they come after you... but their licensing still sucks.

Quote:
Originally Posted by lazfin View Post
You only have to pay the licensing fee while you're creating the video or hosting it on their site. Once your membership lapses, you can continue to use the video as long as it's hosted elsewhere.

This was my question to Rebecca at Animoto:

"I understand that videos can no longer be stored on your system after a membership lapses. That’s more than fair. But can they be hosted or displayed ANYWHERE after a membership lapses? If they have been exported to YouTube, are people legally required to take them off of Youtube once their Animoto membership lapses? If the answer is no, I think we’ll get a commercial license because we like what we see so far."

Rebecca's response:

Yes, you can host them elsewhere once the membership lapses. Let me know if you have any other questions!



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Old 11-07-2009, 10:47 PM   #20
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Default Re: Does This Bother You - Animoto

I was using Animoto, and like others mentioned, I just wasn't thorough enough in my research. I used them because it was recommended, and they are not the best to deal with, far from it!

I am using proshowgold. It took some time to learn, but I'm making videos WAY better than Animoto, and I have a lot more control too.

Matt

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Old 11-08-2009, 03:25 AM   #21
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by Joel View Post
I'll make an assumption that every Warrior that sells products & services wants their buyers to live up to any terms & conditions that were set when they buy.

I continually see ads on the Warrior selling video's created with Animoto & recommending that they consider using that software when they create video's to sell to others.

Animoto's terms & conditions, including the paid Professional version, specifically, "Commercial Users may not distribute or make available Animoto Videos to third parties if such third parties intend to use the Animoto Videos directly or indirectly to derive a commercial benefit or pecuniary gain." They explain that the commercial use is for say a wedding photographer to be to create & sell a video to the wedding couple that they photographed.

Using Animoto to create video to sell to other businesses to use in their marketing efforts is not allowed per the above.

Does it bother you that Warriors are selling products/services that are being sold based on using a product illegally?

I'd like to see what other members think?
Well, since thanks to this thread I ended up wasting a bunch reviewing their licensing info LOL...

I think (my opinion and not a fact) that anyone doing this is in violation of the WSO rules. It would be no different than selling graphics or PLR to which the seller is not the legal copyright holder.

All I can suggest is that if you see any more of them that you report them and, if you're up to it, you point out the licensing issue in the WSO thread.


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Old 11-08-2009, 08:16 AM   #22
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Default Re: Does This Bother You - Animoto

Wow, I had no idea about those Animoto restrictions. This sheds new light on Animoto alternatives! And Animoto is recommended and used by video marketing "gurus" that so many people on this forum respect.
I never used Animoto commercially, hey, not taking action can be good at times

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Old 11-08-2009, 03:44 PM   #23
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by Josh Anderson View Post
This has already been discussed in depth..

In order for you or anyone to use an Animoto created video you must have an active commercial account at animoto.

That means that if anyone creates and sells an animoto video for another that person who purchased the video, in order to use it must pay $250 a year to animoto.

If they ever stop paying they are no longer licensed to use the video according to the licensing of animoto.

It does not matter whether they host the video or not... even if the video was downloaded and you host it your self animoto requires you to continue to pay the subscription fee or you must cease to use any video created with animoto.

I know it sound outrageous but them's the terms. Animoto's licensing sucks...

And that is why I wont recommend them to anyone. They want to be paid perpetually even when they are not providing any ongoing service or value.

Animoto is a ridiculous choice for anyone creating one or two videos...

The only person it would be ok for is for someone who uses it continually to produce and host videos.

I completely agree, I really cannot understand why companies like Animoto do this. If they made the commercial price more attractive and the use far more flexible then it would attract more customers.

I think it is very easy to get caught out by thinking things are free when in fact as soon as you use it for business purposes you are in breach of licensing. Surely being more upfront and not hiding it away in the small print is the way to go.

When I find a company has to many hoops to jump through I just move on, after all there are plenty of alternatives to just about every service you can think of on the web.

Grahame
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Old 11-08-2009, 09:09 PM   #24
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by Josh Anderson View Post
Do you really think that their outsourced support staff fully understands their idiotic licensing when no one else does?
You may be right about that. I've emailed them again for clarification (my third clarification) and I'll post their response. Their terms do appear restrictive!
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Old 11-09-2009, 11:26 AM   #25
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Default Re: Does This Bother You - Animoto

Update. There is reason here to be optimistic!

Our email to Rebecca:


"We were on the verge or purchasing a commercial license when I read the following in Animoto’s commercial terms….

Your use of the Animoto Videos within the Scope of Use is limited to the time period covered by the applicable Fees paid ("Term") and you understand and agree that in the event your status as Commercial User is terminated or interrupted for any reason, including but not limited to the expiration of the Term and/or your failure to renew a new Term, that you must immediately cease your use and/or distribution of your Animoto Videos whether downloaded or hosted.

This would seem to say that when our commercial membership lapses, we have to take down our videos from everywhere, even if they are no longer being hosted on Animoto, and even though they were originally created under term. Is that correct? If so, that gives us pause.

Thanks in advance for taking the extra time to clarify this!"


Rebecca's answer:

"We are working on changing the terms. Please see, Tom's response to this issue on our Feedback Forum".


If you check that link you will see that they acknowledge the problem and are working to correct it. Good for them! That change will get them more customers.

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Old 01-18-2010, 03:23 PM   #26
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Default Re: Does This Bother You - Animoto

any update on whether or not Animoto has changed their terms?
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Old 01-18-2010, 03:39 PM   #27
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by TheRichJerksNet View Post
LOL ... I will probably be there before too long ... Hmm maybe a gray hat would be good..

James
Funny story, I have a gray one (blue and light brown as well) but was worried about the connotations a black hat would convey so I lightened it up a bit.

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Old 01-18-2010, 03:42 PM   #28
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by gonzo View Post
I completely agree, I really cannot understand why companies like Animoto do this. If they made the commercial price more attractive and the use far more flexible then it would attract more customers.

I think it is very easy to get caught out by thinking things are free when in fact as soon as you use it for business purposes you are in breach of licensing. Surely being more upfront and not hiding it away in the small print is the way to go.

When I find a company has to many hoops to jump through I just move on, after all there are plenty of alternatives to just about every service you can think of on the web.

Grahame
I suspect if you are not their direct customer, they cannot retroactively expect, enforce or legally ask you to remove it if the peron you bought it from fails to continue their subscription. This seems only to appy to the subscriber themselves.

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Old 01-18-2010, 04:00 PM   #29
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Default Re: Does This Bother You - Animoto

As someone who purchases hundreds of dollars in royalty free stock footage and video, I don't think iStock would have any of my clients remove videos after I stop buying from them!

I'm not a lawyer, and I don't play one on TV, but I think, usually in a case like this, when you have the license, everything done DURING the licensed period is covered.

So you couldn't sell it, then let your license expire, then continue to sell it, I wouldn't think. That is definately a discussion for the lawyers though, because you could argue that "I had a license to make it, I made it, now I don't need to make any more videos - I just sell this one."

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Ken
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Old 01-18-2010, 04:28 PM   #30
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Default Re: Does This Bother You - Animoto

I debated once with them as to wether using animoto to create youtube videos in order to drive people to a site was commercial as I was not selling the video or directly selling a product from it.

Never really got a straight answer.

Infact I got slightly different stories from two different reps there. They really do need to clear the terms up in that regard.
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Old 01-18-2010, 04:40 PM   #31
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by digitalcostas View Post
any update on whether or not Animoto has changed their terms?
Yes, they've been changed with respect to usage rights of downloaded content: animoto - Commercial Terms of Service

"Animoto will only host your Animoto Videos during the time period covered by the applicable Fees paid ("Term") and you understand and agree that in the event your status as Commercial User is terminated or interrupted for any reason, including but not limited to the expiration of the Term and/or your failure to renew a new Term, that your hosted Animoto Videos will be disabled and will not be viewable on any site, nor will they be able to be sent via email links to anyone. However, if during the Term you have downloaded an Animoto Video, then you may continue to use the Animoto Video within the Scope of Use."

Definitely read the TOS and feedback forum before making a purchasing decison. Forum: animoto - feedback forum

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Old 01-18-2010, 07:13 PM   #32
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by laurenceh View Post
I debated once with them as to wether using animoto to create youtube videos in order to drive people to a site was commercial as I was not selling the video or directly selling a product from it.

Never really got a straight answer.

Infact I got slightly different stories from two different reps there. They really do need to clear the terms up in that regard.
I need to know more about this. Anyone using their videos to drive traffic?
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Old 01-18-2010, 07:23 PM   #33
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Default Re: Does This Bother You - Animoto

Our designer uses two programs for our videos..

#1-Sony Vegas

and

#2-Adobe After Effects

$250 just to keep using stuff you create is nuts.. maybe if it was a more indepth client, but from looking it over.. its just a fancy version of windows movie makers.

Oh, except it only works with pictures.

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Old 01-18-2010, 07:58 PM   #34
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Default Re: Does This Bother You - Animoto

Quote:
Originally Posted by freudianslip27 View Post
I was using Animoto, and like others mentioned, I just wasn't thorough enough in my research. I used them because it was recommended, and they are not the best to deal with, far from it!

I am using proshowgold. It took some time to learn, but I'm making videos WAY better than Animoto, and I have a lot more control too.

Matt
Pro Show Gold has been a very popular program within the professional photography industry for some years. And at about $70 it's a winner.

A large number of the folks on the convention speaking circuit in the photo industry use it and teach it to their audiences. It's a good alternative to Animoto if Animoto doesn't change its policy.

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