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Using Templated Web Designs

by aaallday2010
10 replies
I was curious on what would be the legality of purchasing a web theme, and customizing it for a client.

I would let the client know it was a template and even the designers name and website (if they have one). In other words, I would not take credit for the design.

But, would the designer frown upon me buying his template to be used for a clients site?

I would think that since I'm purchasing his or her template many times over to produce for clients, then they should probably be okay with it. But maybe Im wrong.

Any one have any thoughts on this?
#designs #templated #web
  • Profile picture of the author iAmNameLess
    As a template creator... and seller.. I personally don't care if someone buys my template to use and claim as their own or what they do with it. I really don't care... you don't need to give me credit, you just need to buy it, that's all. Now the free templates... I personally don't understand that... except for SEO purposes having the link back to your site if you embed a link, but even then... I don't think it matters.
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  • Profile picture of the author Fortune500Designs
    It is fine as long as you buy the theme each time for each client. I don't use the same theme twice for clients in my case!
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  • Profile picture of the author aaallday2010
    Thanks guys. I was just on themeforest forums where someone was asking this same question and the developers went absolutely CRAZY on him. Every last one told him he shouldn't do it, that he should sent the client directly to themeforest to purchase a theme THEN he could customize it for them.

    But to purchase it and then resell it to a client is illegal according to them.

    One even said that they could sue the client and web developer for doing so.

    So, it's still an iffy topic.

    BTW, there's no way I would send a client to my web theme sources. If they knew I was paying $20 to $35 for a theme and then charging them $500, they would flip. LOL!
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    • Profile picture of the author Fortune500Designs
      I disagree with the developpers. If I purchase a web template, customize it to the client and sell it to the clients, there goes the $500 value. That is just BS that they can sue you lol I bought the theme for a one time use, whether it was for myself or client, that is none of their business.
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      • Profile picture of the author aaallday2010
        Originally Posted by Fortune500Designs View Post

        I disagree with the developpers. If I purchase a web template, customize it to the client and sell it to the clients, there goes the $500 value. That is just BS that they can sue you lol I bought the theme for a one time use, whether it was for myself or client, that is none of their business.
        I like the way you think. Hopefully the judge will see it that way.
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    • Profile picture of the author iAmNameLess
      Originally Posted by aaallday2010 View Post

      Thanks guys. I was just on themeforest forums where someone was asking this same question and the developers went absolutely CRAZY on him. Every last one told him he shouldn't do it, that he should sent the client directly to themeforest to purchase a theme THEN he could customize it for them.

      But to purchase it and then resell it to a client is illegal according to them.

      One even said that they could sue the client and web developer for doing so.

      So, it's still an iffy topic.

      BTW, there's no way I would send a client to my web theme sources. If they knew I was paying $20 to $35 for a theme and then charging them $500, they would flip. LOL!
      As long as you aren't using their images, like copyrighted images, you'll be okay. People always claim they can sue for unauthorized use of open source technology but you can't. You can charge for extensions, plugins, templates, etc. but by law it isn't something they can copyright.

      Template creators should be seeing this as a big picture. Selling templates you are purely selling volume, thats all.

      The exclusive option for templates, is a complete joke because if you customize it, it the exclusive rights are technically yours. If you change the css or modify anything that changes the appearance, really, you're perfectly fine.
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  • Profile picture of the author Stranger Danger
    Some themes can be purchased with unlimited usage and resell rights - for example, elegant themes. $39/year with 70+ themes to choose from.

    You should spend some time to really evaluate and understand the value that you are providing to your clients.
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  • Profile picture of the author pwk2000
    What judge? Never heard of a case like that. Tons of people buy stuff on themeforest for clients.

    I would say most of the sales go to web designers working for clients. If you look at the little badges under the user avatar (the one with the little dollar sign) it shows how many items that user bought. No one is buying 20, 50, 100+ items for personal use, they usually buy it for client use.

    Do you have a link to that discussion you were talking about?
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  • Profile picture of the author aaallday2010
    Okay, I think I have my answer.

    Here's the link you were asking for. There is another one, but I cant find it now.

    Reselling Market Place Themes? | ThemeForest Community Forums
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  • Profile picture of the author pwk2000
    Well most of those guys got mad because the poster said he was going to claim the designs as his own custom work (or he made it seem like that).

    Based on what you said, you are 100% good to go as stated above by iAmNameLess

    Its just safer to say that the designs are template driven, it saves development time... thus saving money. Most customers will understand that.

    Good luck with your business venture :-)
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