This subject was brought up by a member on an embroidery forum that I belong to.
The answers caused quite a bit of confusion.
Gerard, Foster..................... anyone, can you clarify for me?
Can a digitizer use a piece of clipart, included in a full licensed version of Corel, and from that graphic, create a digitized file for commercial use?
In other words, can a digitizer use a piece of clipart to create a digitized file that he/she could then sell as an embroidery file?
Some say yes............some say no.
Anyone know for sure?
Found this:
COREL GUIDELINES FOR THE USE OF CLIPART, STOCK PHOTO IMAGES AND SAMPLE CONTENT: Corel products contain numerous clipart, photo images and sample content such as forms, templates, Paint Shop Pro “tubes” or similar items (collectively referred to as the "Images") which are either owned by Corel or licensed from a third-party. As a user of Corel products you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use is in compliance with the Guidelines set out below, Corel recommends that you seek the advice of your own attorney or legal counsel. Corel will not provide you with an opinion as to whether your use is in compliance with these Guidelines. 2.1 YOU MAY, subject to any restrictions set out below: (i) incorporate any Image(s) into your own original work and publish, display and distribute your work in any media, provided you include a copyright notice in your work reflecting on the copyright ownership of both you and Corel as follows: "Copyright (c) 200__ [your name] and its licensors. All rights reserved."; and (ii) make one (1) copy of the Image(s) for backup or archival purposes. 2.2 YOU MAY NOT: (i) resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others; (ii) provide the Image(s) to third parties or permit the use of the Image(s) by third parties separately or as part of any other product, however, third parties may be provided with copies of the Image(s) (including digital files) as part of a work product; (iii) create scandalous, obscene, defamatory or immoral works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law; (iv) use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof; (v) use any of the Images related to identifiable individuals or entities for any commercial purpose or in a manner which suggests their association with or endorsement of any product or service; (vi) use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason; (vii) rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License; or (viii) use any Image(s) except as expressly permitted by this License. 2.3 GOVERNMENT CRESTS, SEALS AND OTHER INSIGNIA: The national and municipal insignia contained in this product are protected by various laws against misuse. Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only. It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein.
Thanks Adrian, I read that, as well, before posting the question.
However I'm not 100% sure how to interpret . Still seems rather 'grey' to me.
The discussion on the other forum centered around derivitive work and it's illegality.
From my personal point of view (not the official Corel word) the answer is yes, you can use it on any kind of job. You can't sell the file of clipart, but you can use it on any job. Let's try to do an example: if you have a flower from the clipart, you can use it on all your jobs, but you can't sell the file "fower.cdr" or any other file format, as you own creation or ever as a Corel file. You can't copy the content of the DVD (except for your personal back-up), send as a gift or sell any file of the clipart or the DVD.
Ariel, that's how I interpret it, too.
Of course I'm not a lawyer, but I've always thought we were allowed to use the image in the creation of artwork and then go ahead and charge our customers for the job.
We aren't allowed to sell them the image, per say, but we can use the image and then sell them the project we created.
Boy oh boy, I wish 'legalese" was easier to understand!
ColorYourWorld said:Boy oh boy, I wish 'legalese" was easier to understand!
That is precisely the secret of the law, which depends of the country, the judge, every lawyer and even how to explain the problem. If it was easy to understand, lawyers will loose their business... I was a law student for 4 years and the same problem can have a lot of different solutions. But this case seems very clear