Selling ICC profile...is it legal or not?
Selling ICC profile...is it legal or not?
- Subject: Selling ICC profile...is it legal or not?
- From: Giuseppe Andretta <email@hidden>
- Date: Sat, 23 Jun 2007 01:50:52 +0200
Hi
I'm an independent color consultant in Italy and i'm offering a
'remote profiling service' on my web site. I've zipped some Gretag
MacBeth target (TC9.18 and TC3.5) for customers' download but i was
asked to remove them from my web site because they are copyrighted by
Gretag MacBeth. That's right, no problem...even if i've found other
color consultants on the web that let customers download copyrighted
target from Gretag MacBeth.
The problem is that this fact made me think about the legality of
selling ICC profile made with Gretag MacBeth tools. So i've kept on
serching if it's legal or not to *sell* custom profile but i didn't
find a clear explanation on the web. I read the EULA (I own an EyeOne
spectrophotometer and Profile Maker 5) and i've found this:
2 Use of Profiles
a) The Software is licensed for use only as follows:
(i) To create profiles on the specific input or output device that
You own or otherwise possess and for which they were created ("Your
Device"). You may make these profiles available to third parties only
in circumstances in which the third party will be optimizing images
that have been created on, or will be output on, Your Device,
provided that Your Device continues to be owned by You or in Your
possession at such time that a profile is made available to such
third party; or
(ii) to create profiles by using reference characteristic data which
are publicly and without consideration provided by professional or
trade associations like standardization institutes to be used for
their intended purpose; or
(iii) to create a profile, as part of Your providing a profiling
service, for a specific input or output device owned by a third party
for use by that third party on such device.
Reading the point n. 3 (iii) seems to me that a color consultant
*providing a profiling service* can do it; in respect of the EULA. Do
you agree with me?
I know there are a lot of color consultants on this mailing list and
i was wondering if anyone has experienced problems on selling ICC
profiles made with Gretag MacBeth/X-Rite tools. Let's suppose that
it's not allowed by this brand, does anyone knows if some other
vendors (Barbieri, BasICC, Fuji ecc.) allow consultants to sell their
ICC profiles for monitors, cameras, scanners, projectors or printers?
Thanks in advance for any help.
_______________
Giuseppe Andretta
www.colorconnection.it
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