T
TerriLea
Guest
What is the name of your state?What is the name of your state?NY
I am starting a business that is utilizing clip art that I purchased in book and CD form. The license agreement on the website for the company is different from the license agreement in the book that I purchased. I am assuming they updated it.
The web license agreement is here: http://www.novadevelopment.com/Company/License_End_User.aspx
From what I can tell the part that pertains to my problem is #5. - 7.
In the book I purchased # 5 is totally different from the web's version:
Book #5. Use of Images; Distribution. You may modify, publish and distribute the clip art, photographs and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disk or CD-ROM. In no case may the files or printed images be rented, lent or sublicensed.
The product I am creating is similar to this companies product: http://www.kidstar.com/Pages/holidaybrochure.htm
The similiarity is the clip art use and the customizing the “work” with another business’s name for their marketing use.
1. Can I use the clip art in the same manner? Using it in my own “work” with other ideas of my own, then selling it as a marketing tool to other businesses. EXAMPLE: Kidstar uses the clip art to make a menu for restaurants. They put the clip art on their “work” and sell their work to the restaurants. They then offer to put the restaurant’s name and other information on the menu for marketing purposes. Since the restaurant is not reselling the menu, but just using it, does that keep them safe from the “rented, lent or sublicensed” portion of the license agreement?
2. Do I put a copyright on my “work” with my business name, not including the clip art company?
3. Is the license agreement on the website the same as the one in the book, just more confusing? Does it matter in my case?
4. I have found MANY more clip art websites with the same clip art. They have all claimed it to be “royalty-free”, but they all have different license agreement. Do I have to follow them all? Or just the one I purchased?
5. What are the chances, since all these other companies have the same clip art, that the clip art is from the public domain? If so, does that mean I can do what I want with it, as long as it’s not in a “sell as clip art” form?
Thank you for your time,
Terri Lea
I am starting a business that is utilizing clip art that I purchased in book and CD form. The license agreement on the website for the company is different from the license agreement in the book that I purchased. I am assuming they updated it.
The web license agreement is here: http://www.novadevelopment.com/Company/License_End_User.aspx
From what I can tell the part that pertains to my problem is #5. - 7.
In the book I purchased # 5 is totally different from the web's version:
Book #5. Use of Images; Distribution. You may modify, publish and distribute the clip art, photographs and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disk or CD-ROM. In no case may the files or printed images be rented, lent or sublicensed.
The product I am creating is similar to this companies product: http://www.kidstar.com/Pages/holidaybrochure.htm
The similiarity is the clip art use and the customizing the “work” with another business’s name for their marketing use.
1. Can I use the clip art in the same manner? Using it in my own “work” with other ideas of my own, then selling it as a marketing tool to other businesses. EXAMPLE: Kidstar uses the clip art to make a menu for restaurants. They put the clip art on their “work” and sell their work to the restaurants. They then offer to put the restaurant’s name and other information on the menu for marketing purposes. Since the restaurant is not reselling the menu, but just using it, does that keep them safe from the “rented, lent or sublicensed” portion of the license agreement?
2. Do I put a copyright on my “work” with my business name, not including the clip art company?
3. Is the license agreement on the website the same as the one in the book, just more confusing? Does it matter in my case?
4. I have found MANY more clip art websites with the same clip art. They have all claimed it to be “royalty-free”, but they all have different license agreement. Do I have to follow them all? Or just the one I purchased?
5. What are the chances, since all these other companies have the same clip art, that the clip art is from the public domain? If so, does that mean I can do what I want with it, as long as it’s not in a “sell as clip art” form?
Thank you for your time,
Terri Lea