Does This Bother You - Animoto

by Joel
31 replies
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?
#animoto #bother
  • Profile picture of the author brettmwindmann
    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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  • Profile picture of the author TheRichJerksNet
    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
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    • Profile picture of the author Joel
      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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      "Without data or facts, you are just another person with an opinion"

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    • Profile picture of the author Jill Carpenter
      They do offer a commercial license.

      I think this :

      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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      "May I have ten thousand marbles, please?"

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      • Profile picture of the author Joel
        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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        "Without data or facts, you are just another person with an opinion"

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      • Profile picture of the author Josh Anderson
        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.

        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.
        Signature
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        • Profile picture of the author joshril
          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.

          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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        • Profile picture of the author Jill Carpenter
          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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          "May I have ten thousand marbles, please?"

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        • Profile picture of the author RainDrop
          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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        • Profile picture of the author BizWebMan
          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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          • Profile picture of the author DogScout
            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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    • Profile picture of the author DogScout
      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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  • Profile picture of the author showbizvet
    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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  • Profile picture of the author showbizvet
    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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  • Profile picture of the author Chris_Willow
    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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    • Profile picture of the author showbizvet
      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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    • Profile picture of the author lazfin
      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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      • Profile picture of the author Josh Anderson
        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.

        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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        • Profile picture of the author lazfin
          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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          • Profile picture of the author lazfin
            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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            • Profile picture of the author digitalcostas
              any update on whether or not Animoto has changed their terms?
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              • Profile picture of the author AmyBrown
                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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  • Profile picture of the author freudianslip27
    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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  • Profile picture of the author milan
    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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  • Profile picture of the author VideoCreator
    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
    Want to see why my clients have 6-FIGURE launches? Sales Page Videos
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  • Profile picture of the author laurenceh
    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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    • Profile picture of the author olucash
      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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