Re: Selling ICC profile...is it legal or not?
Re: Selling ICC profile...is it legal or not?
- Subject: Re: Selling ICC profile...is it legal or not?
- From: eric <email@hidden>
- Date: Tue, 26 Jun 2007 16:41:08 +0100
- Thread-topic: Selling ICC profile...is it legal or not?
>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:
I asked the same question about the same products when I started my
profiling business. Here's Gretag's answer (before the buyout). Below the
Eula text is the response.
You find the complete text in the software installer.
=========
c) Profiles created with the Software are licensed for use only as
follows:
(i) 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 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.
=========
This means that you are allowed to offer a profiling service for your
customers using our products. It is no problem to copy and distribute the
required test chart.
It is not allowed to create and sell generic profiles (e.g. for a specific
printer / paper combination) or to bundle such profiles with your products.
In this case you would need a special license.
I hope this answers your questions.
Best regards,
Reto Danuser
Technical Product Manager
GretagMacbeth AG
______________________________
Eric
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