Online clip art usage...free or not?

D

Dannart

We have a site license of Office 2000. In Word, I can insert a picture by
clicking the "Clips Online" icon in the menu bar. Is this art free?

I've read numerous answers to this question saying both it's ok and it's not
okay to use online clip art for a printed brochure for my company. Does
anyone know if this is or is not free? Thanks.

-- dannart
 
J

JoAnn Paules

Interesting. Microsoft has changed their information. It used to say:

"Clip Art
The Microsoft Clip Art Gallery provides a compilation of artwork for your
personal use. The following guidelines apply to your personal use of clip
art:
1. You may use clip art in your school assignments and projects.
2. You may use clip art in your church brochure.
3. You may use clip art for personal, noncommercial uses.
4. You may not use clip art to advertise your business.
5. You may not use clip art to create a company logo.
6. You may not use clip art to illustrate the chapters of a book."

Now it says:
http://www.microsoft.com/about/legal/permissions/default.mspx#ELC

Clip Art and Sample Art
The End-User License Terms that accompany your software describe the
permitted commercial and non-commercial uses of images, clip art,
animations, sounds, music, shapes, video clips, and templates that
accompanied the product. Find End-User License Terms for Microsoft products.

The Clip Art and Media gallery provides a compilation of artwork. See the
use terms for the description of permitted commercial and non-commercial
uses. If those terms do not meet your needs, our Clip Art partners at Office
Online provide a variety of images you can license directly.

In the absence of language to the contrary in the License Agreement, Sample
Art (which includes images customarily found in the "sample" folders within
Microsoft operating systems) may be used for personal use only. You may not
sell, lease, or distribute Sample Art, or any materials you create that use
Sample images, for any commercial purposes.

and

http://office.microsoft.com/en-us/tou.aspx#MaterialsthatMicrosoftLicensesToYou
Materials that Microsoft Licenses to You

Media Elements and Templates.You may have access to media images, clip art,
animations, sounds, music, shapes, video clips, templates and other forms of
downloadable content (“media elementsâ€) associated with the service. If so,
you may copy and use the media elements, and license, display and distribute
them, along with your modifications as part of your software products,
including your web sites, but you may not (i) sell, license or distribute
copies of the media elements by themselves or as part of any collection, or
product if the primary value of the product is in the media elements; (ii)
grant customers of your product any rights to license or distribute the
media elements; (iii) 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, entity, or
activity; or (iv) create obscene or scandalous works, as defined by law at
the time the work is created, using the media elements.
If you obtain media elements and templates from the Microsoft Office Online
Web site (or successor site), you may use them only if you have a valid
license to a Microsoft Office suite or one of its programs or a Microsoft
software product that includes Microsoft Clip Gallery or Microsoft Clip
Organizer (or a Microsoft replacement of the Microsoft Clip Organizer).

Documents. You may have access to information on the service such as white
papers, knowledge-base articles, datasheets and FAQs ("documents"). You may
use the documents only for informational purposes. You may not copy,
distribute, modify or make derivative works of the documents. Educational
institutions that are officially accredited under local law may download and
copy the documents for distribution only in the classroom.
Limitations. The license grant to use media elements, templates, and
documents provided with the service does not include a license to the design
or layout of the service or any Microsoft owned, operated, licensed, or
controlled Web site. You should not copy or retransmit any logo, graphic,
sound, or image from the service, unless Microsoft expressly permits it.
Microsoft and its suppliers do not warrant or guarantee that the media
elements, templates, and documents are accurate and suitable for your
purposes. Their inclusion with the service is not an endorsement of them by
Microsoft. Nothing available from the service is intended to be professional
advice, including but not limited to, investment, tax, or legal advice.

and then the Software license says

b. Media Elements and Templates. You may copy and use images, clip art,
animations, sounds, music, shapes, video clips and templates provided with
the
software and identified for such use in documents and projects that you
create.
You may distribute those documents and projects non-commercially. If you
wish
to use these media elements or templates for any other purpose, go to
www.microsoft.com/permission to learn whether that use is allowed

Convoluted? Oh yes. Would I use the clip art commercially? Nope.
 

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