Copyright

[Kathy Dawney]

Have enquiry on using clip art picture. I belong to a non
profit swimming club and have been using a clip art on our
letter heads but we are wondering can we use it as a logo
to be painted on a wall to promote our club.....
I have read the copyright articles but are still not sure
if we can use it... can anyone help..

 

[JoAnn Paules]

The folowing is from
http://www.microsoft.com/permission/copyrgt/cop-img.htm#CGL

Important note with respect to use of clip art: Certain clip art contained
in Microsoft products should not be commercially redistributed nor used for
commercial purposes. In addition, there may be other legal concepts you may
need to consider when using copyrighted material (including, but not limited
to publicity rights, trademark and logo rights). Microsoft will not assist
you in making a determination between commercial or non-commercial use, nor
can we provide you with legal advice as to publicity or trademark rights. If
you are having difficulty deciding whether your intended use is appropriate,
or whether you require written permission, or whether other legal issues
should be considered, we strongly encourage you to seek competent legal
counsel. If you or your attorney determines you are required by law to
obtain copyright permission, you may request permission for reproduction,
redistribution, or modification of the clip art through the appropriate
owner of the subject materials (as may be cited in the Microsoft product).
If, on the other hand, you or your attorney determines it is permissible to
proceed and include clip art from a Microsoft product, we do ask that you
correctly designate our trademark(s) when referring to our product(s) in the
notice or copyright portion of your paper, project, or product. (See
http://www.microsoft.com/trademarks/ for more information on appropriate use
of Microsoft trademarks.)

Even though your group is a non-profit organization, the use of the clip art
"could" be construed as commercial use. I doubt if your group wants to risk
the wrath of Microsoft. Let's face it, it's a sure-fire loss - and a
definite pain in the butt!

I'd recommend a contest for a new logo or contact a local art school and see
if someone wants to volunteer their skills.

 

[Mike Koewler]

JoAann,

I don't know of ANY company that releases a clip art package and then
says it cannot be used. Call me naive, but what would be the use of
including it if it cannot be used?

Mike

 

[JoAnn Paules]

First thing - that statement was copied and pasted from Microsoft's site.
They aren't my words.

That statement isn't saying you *can't* use it. It says you can use it for
non-commerical use. A logo, even for a non-profit group, could be considered
commerical use. Many people have learned over the years that Microsoft
doesn't have a sense of humor when it comes to copyrights.

The OP's swimming group may be small and may away with using a copyrighted
graphic. If I were affiliated with that group, I'd advise them against it.
It just isn't worth the hassle. I'm going to stick with my suggestion to
have a logo drawn by a local talent. That is a win-win situation. The group
gets a unique piece of art. The artist gets something to add to his
resume/portfolio.

 

[Mike Koewler]

JoAnn,

And I'm going to stick to my response - if M$ if offering clipart that
cannot be used without fear of being sued, then their clipart and a
dollar are worth the cost of a cup of cheap coffee.

As I have read agreements, almost all clipart can be used as part of
another design or in ads or business cards, as long as the clipart is
not sold to anyone.

Tell me, what the ***k would be the use of clipart to users if they can
not use it? That's plainly ludicrous. "Here's clipart you can view, but
you better not use it in any printed piece or you're in trouble and the
MS police MAY track you down and persecute or prosecute you."

Mike

 

[Mary Sauer]

About the only caveat on private use of ClipArt is you cannot incorporate the images
into a logo or resell the images as part of a collection. The license uses a lot of
words to explain this.

The EULA is easier to understand than the Copyright statement. (Not much though).
http://www.microsoft.com/products/msagent/licensing/eula.asp

 

[Ed Bennett]

A small child turns to Ed, and exclaims: "Look! Look! A post from Mary

About the only caveat on private use of ClipArt is you cannot
incorporate the images into a logo or resell the images as part of a
collection. The license uses a lot of words to explain this.

And the OP asked if they could use the ClipArt as part of a logo on their
wall, which clearly is in violation of this statement (taken from the
Publisher EULA)
.. You may not license or distribute any of the Media Elements that include
representations of identifiable individuals, governments, logos, initials,
emblems, trademarks, or entities for any commercial purposes or to express
or imply any endorsement or association with any product, service, entity,
or activity.

 

[°°MS-Publisher°°]

JoAnn you are a double whammy imbecile the way you carry on like a pricked
piglet.
For the sake of everybody GROW UP

 

[Miss Perspicacia Tick]

JoAnn you are a double whammy imbecile the way you carry on like a
pricked piglet.
For the sake of everybody GROW UP

I don't think that Jo is the one who needs some lessons in maturity...
You're 65 going on 5.

 

[°°MS-Publisher°°]

Look you sick witch with a b. I have never molested children like you have,
don't have multi-multi-multi-personality disorder and I am a substantial
number of years off 65.

news:[email protected]...

 

[Freddie Newsgroup]

If you alter the clip art at least by 25% you can use it anywhere you want
to.

There is nothing stopping you using part of the clip art as part of the
painting, or logo.

Cut and paste to your heart's content, and let Bill Gates alone to count his
billions and billions.

 

[JoAnn Paules]

Actually that 25% thing is a widely spread fallacy. Sorry. I personally
would not want to incur the wrath or Bill Gates - or more appropriately
Microsoft's legal staff.