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  • Clipart Terms Help Please

    #1


    Where do you buy your Clipart?</o>
    </o>
    I don’t have time to design all my clipart from scratch and need to buy clipart that I can use for a variety of projects. I have been contacting clipart CD companies all day and they are more than happy to send me a copy of their terms, which only a lawyer could understand. If I ask a question regarding the use of their clipart, no one will give me a straight answer. </o>
    </o>
    I use clipart to make free printables, such as iron-on transfers, candy wrappers, scrapbook sheets, and other craft projects. I am afraid to buy a CD that says “Royalty-free clipart” because most say "Do not redistribute." Whether I am "redistributing" the clipart depends on how you look at it. I am not giving them away as clipart, but as part of free craft projects.</o>
    </o>
    Any suggestions on a place to buy Clipart or Clipart CDs, where someone will actually answer my question about usage.</o>
    </o>
    Any input would be very much appreciated.</o>Kimberly


    Mom's Break PMS - Printable Madness Syndrome n. 1 : a chronic condition characterized by an uncontrollable urge to find Free Printables on the Internet: sometimes known as PMS. http://www.momsbreak.com

  • #2
    I assume you've already gone to www.clipart.com?



    Post Edited (JB) : 8/26/2004 10:29:06 PM GMT

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    • #3
      Yes, I have and have emailed them more time than I can count over the past few months asking them about terms and they will never answer my emails. All of the sites have a "Do not redistribute" clause and when I ask if they consider what I am doing as redistributing they either don’t answer, send me a copy of terms or tell me to get a lawyer to read the terms to me. I am willing to put out the money but no one wants my business!

      Thanks
      Kimberly


      Comment


      • #4
        sometimes I recreate clipart...redraw it in illustrator...that way, the colors and other elements are exactly what I need...and it's fast, too!

        If anything else, I'd be happy to do this for you if you can't find the time! (and you could do anything you want with it!)

        Comment


        • #5
          pretty sure that means that you can use the clipart, royalty free, but you can't give it away or sell it for other people to use. like, you can buy a 6 pack of cola and drink it, but you can't buy a 6pack, split it up and resell it. does that make sense?

          they're selling you artwork to use. NOT to re-sell.

          but, if you feel at all paranoid about it and are still confused, you should put your mind at ease and take the terms to a lawyer. you don't need to, but if it's that confusing...

          good luck, and welcome to the gdf.

          I love deadlines. I love the whooshing noise they make as they go by.

          Douglas Adams

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          • #6
            It's sad that you'd have to take something like that to a lawyer, though...

            but if you do, you have to let us know what you find out.

            Comment


            • #7
              i think they are referring to the CD itself, not to make copies and give it away or sell it. We ahve a similar agreement for our CD's that we sell, you the 'purcahser' has the right to make deritive works form the contents of the disc, you just can't make copies of the disc and sell it or give it away.

              Allen


              @llen Harkleroad<a target="_blank" href="mailto:H@rklerod">
              </A>HEY! WHO STOLE THE CRAYONS????

              Visit Our Magazine: www.DesignerToday.com

              Get inside my head at www.DontFear.com

              ZoneDeals.com BETA

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              • #8
                you really don't need to take things like that to a lawyer. but if she's got the contract or terms and still can't understand them...

                be careful about recreating existing designs, jb. you two should hook up and discuss original graphics work. that way, jb gets some work and avoids being sued over copyright issues, and kimberly gets peace of mind, and her clipart won't be the bog-standart stuff that 1000000's of other people are already using TO DEATH.

                woopwoop...i'm a pimp.

                I love deadlines. I love the whooshing noise they make as they go by.

                Douglas Adams

                Comment


                • #9
                  Queen of pimps...

                  Hey! Hey! Hey! Everybody settle down now...

                  Allen hit it. Unc spoke the truth. The do not distribute refers to the CD and the files on it. You are not buying the right to distribute, but the right to use the clip art...

                  If you bought the disc, you bought the right to use the art...

                  Royalty-free doesn't mean the artwork is free. It means once you pay for it, you may use it without paying any additional royalty usage fees.

                  Breath deeeply...



                  Post Edited (BuckarooB) : 8/26/2004 11:36:49 PM GMT

                  Comment


                  • #10
                    that's what i said - didn't i? and i even used the term 'cola' to both avoid copyright issues and keep from distracting the edgy designers. coke? hmmm? well, just this once...

                    I love deadlines. I love the whooshing noise they make as they go by.

                    Douglas Adams

                    Comment


                    • #11
                      Good work Unc - I am truly humbled and proud to know you.

                      Right - if you had said Coca Cola(R) you would have had to put the little (R) after it...

                      Comment


                      • #12
                        Clip art you can buy (if you wanna pay thru the nose for it) check out Getty images. They do have a clip art section and their customer service is only a phone call away. They have always been extremely friendly and helpful to me. They're just expensive sometimes (though I think the clip art is like $4 per design). We do a lot of rights managed stuff thru them so I deal with em a lot.

                        PrintDriver is a large format digital print dude. His advice/opinions may not apply to the 4color/offset/web world of printing

                        Comment


                        • #13
                          I understand what you all saying about you can’t redistribute the CD - BUT –

                          From http://www.novadevelopment.com/Company/Use.aspx

                          5. Use of Content. You may use the clip art and all other content ('Content') included in the Software only to create presentations, publications, pages for the World Wide Web and Intranets, and products (collectively, 'Works'). You may not use the Content for any other purpose whatsoever. For example and without limitation, you may not: (i) permit any third party to use any Content unless it is used in a Work; (ii) sell or distribute (commercially or otherwise) the Content as stand-alone images or clip art, or in graphics catalogs, design books, compilations, collections, templates, designs, stock engravings or the like; or (iii) distribute or make available electronic copies of the Content to third parties in any manner, including without limitation, via the Internet, on any tangible media or by broadcast, that is intended or designed to enable a third party to copy the Content for its own use.


                          Note where is says: “You may not use …. sell or distribute (commercially or otherwise) the Content as stand-alone images or clip art, or in graphics catalogs, design books, compilations, collections, templates, designs, stock engravings or the like)

                          So I take this to mean I can’t use it on a give away printable iron-on transfers or candy wrapper, etc - since I am giving way the clipart design. Or am just to paranoid?

                          Please understand I have worked for years to get my business to the point I can work at home full time pulling in a few grand a month. The last thing I need to do it get myself in trouble now. But I need more clipart .. lol

                          Thanks
                          Kimberly


                          Mom's Break PMS - Printable Madness Syndrome n. 1 : a chronic condition characterized by an uncontrollable urge to find Free Printables on the Internet: sometimes known as PMS. http://www.momsbreak.com

                          Comment


                          • #14
                            They are talking about selling the images themselves, standing alone. You can't sell the images themselves in any way.

                            If you are using them in a 'work' (ie your candy wrapper) you have permission to do that and to give the clipart to the person printing the candy wrappers. If you feel it's necessary, you can send the use of content agreement to the printer in case you run into an unscrupulous source who would in turn post your paid-for clip art on a 'Freeware' website. CYA. But you are fine using it on your candy wrappers.

                            PrintDriver is a large format digital print dude. His advice/opinions may not apply to the 4color/offset/web world of printing

                            Comment


                            • #15

                              PrintDriver said...
                              They are talking about selling the images themselves, standing alone. You can't sell the images themselves in any way.

                              If you are using them in a "work" (ie your candy wrapper) you have permission to do that and to give the clipart to the person printing the candy wrappers. If you feel it's necessary, you can send the use of content agreement to the printer in case you run into an unscrupulous source who would in turn post your paid-for clip art on a "Freeware" website. CYA. But you are fine using it on your candy wrappers.

                              Thank you, I really needed to hear all this for another person.

                              Kimberly

                              Comment

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