Clipart

[Monica1974]

What is the name of your state? Maryland
I am in the developing stages of a stationary business run out of my home and I am having some problems clearifying copyright info. One clipart package I have without a doubt says I can not use any images in something I intend to sell. I have a 3 part question: 1. What if credit was given for images?
2. Another clipart package I own says that I may "incorporate and image into my own original work & publish, or distribute my work in any media; provided I include copyright notice" and they give the form of "Copyright (c) 200_ [your name] and its licensors. All rights reserved." Then it goes on to say that "You may not, however, resll, sub-license, the images for use or distribution separately or detached from a product or webpage." Is this conflicting info or can a sell, say a monogramed card with a clipart border with credit given in the above mentioned form?
3. There is "copyright-free" clipart software out there. Does that mean if I use these images they are free and clear of any infringement?

 

[ChicagoLawyer]

1. What if credit was given for images?
Does not matter. If the author specifically says you cannot use their images in something you will resell, then giving credit would not matter. You would absolutely need their permission first, which would modify the license agreement. Part of that permission might include giving their copyright credits.

2. Is this conflicting info or can a sell, say a monogramed card with a clipart border with credit given in the above mentioned form?
No it is not conflicting info. They are allowing you to use their images for your own use, but you cannot sell them. They want you to display your own copyright notices, not theirs. Example: Under this scenario it is OK for you to create a brochure that advertises your business and includes pieces of their clip art. The brochure is your creation, you own the copyright. Their art is contained in it, but it is for your own marketing purposes, not for sale. What you cannot do is use that same clip art to make a brochure for a 3d party where you sell your services as the desinger/writer/printer of that brochure. See? Use yourself OK, Sell to others, no.

3. Does that mean if I use these images they are free and clear of any infringement? Maybe maybe not. Answer is more likely than not that they are free of any claims. You have to look at the image, is it copyrighted or not? If it is, do not use it. Also look at the terms of use of those images. If the supplier or source says you can use the images for any purpose, then go ahead.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship