[Clipart] Possible copyright infringement
chovynz at gmail.com
Wed Jun 9 14:00:50 PDT 2010
It's stupid for them to say such things.
If it's public domain, then it is public domain. They can't put
restrictions on public domain like that, because as soon as you put a
restriction on, it is no longer public domain.
Yes, we are a competitive venture, however, I see a number of problems
with this scenario.
1. We take stuff from their site. "Technically" we arent supposed to,
but since it's public domain clipart, there's nothing they can do about
it. (as far as I know.) I'm not a lawyer, but am using some sense here.
From my OCAL Librarian Point of View I would tend to remove any clipart
found to be from that site. From an end user point of view I don't care
where it's from, since I can grab the Public Domain stuff from that site.
2. They take stuff from us, then ask us to remove our copy, since
(competitave venture). It might be difficult to find out "who had it
first". They might not actually do that, and if we ask nicely, they may
allow us to include their works. I take the stance of "What's the worst
case scenario" and prepare for that, if it comes about.
3. "Company logos and trademarks can be used under "fair use" policy,*"
as far as I understand that is NOT a good policy for a* public domain
website. That is why I'm so harsh with logos and trademarks on OCAL,
because it can get you, and anyone who uses such clipart without good
knowledge, into a lot of hotwater. Unfortunately we are not yet in a
corporate sharing environment and companies protect their brands very
fiercly. the phrase "Only in America" (to denote suing and other crazy
stuff of little details and bad reputation) is a joke, but it's based on
I suggest Jon contact them to discuss terms. It's gone beyond my ability
to "make the call."
On 10/06/2010 5:26 a.m., Leonardo Cunha wrote:
> That site says:
> "All graphics on this site are placed into the Public Domain, which
> means that you can do almost whatever you wish with it. You can put
> the clipart into your own drawings and documents without any affect on
> the copyright or license of your work.
> Few Exceptions.
> # Company logos and trademarks can be used under "fair use" policy. More
> info here <http://en.wikipedia.org/wiki/Wikipedia:Logos>.
> # You may NOT use any component of our clipart or site content to
> produce what could be directly or indirectly considered a competitive
> venture against us.
> # It's not necessary to provide a link back to this site, but it would
> be greatly appreciated. "
> It says "you can do ALMOST whatever you wish with it".
> Can we be considered a "competitive venture against them"?
> Best regards,
> Leonardo Cunha
> clipart mailing list
> clipart at lists.freedesktop.org
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