[Clipart] Responsibility. Was: clipart Digest, Vol 74, Issue 35.. now is just Long!

Duncan Cowan brendon.cowan at bigpond.com
Thu May 20 01:37:18 PDT 2010


 >> "... "The actual clipart content on open clipart library is Public  
domain." For me, it's about building trust..."

I finally (click) get the gist of your argument. I must be getting  
old.. ;)

 From practical experience, and a small amount of legal discussion  
with my old firm's patent and copyright lawyers, I believe that the  
issue might lie within the percentage, incidentality and frequency of  
'exposure'. If memory serves, the 'percentage' of 'total' image should  
be no more than approx. 30%? but please don't quote me on that.  
'Incidentality', obviously refers to the 'focus' of the image.. i.e. a  
rusty beer can in the off foreground of a landscape painting does not  
infringe, nor does anything that may happenstance be floating about (t- 
shirt, headset or book spine.) The third is even less likely to occur,  
IMO, echoed or repetitive use of the article within the artwork.  
Unless you're Escher, or Dali and you're illustrating some strange  
mirrored effect.
However, I now see your real concern lies not in the infringement  
itself, but in the incidental usage by a third or forth party that  
could be extremely offensive, (vis. the Windows - nazi icon) litigious  
or downright embarrassing for all parties. I'm thinking, child's first  
birthday invitation to Grandma... Which, come to think of it,   
(click), now explains the 'safe' file button on the 'uploads' page,  
which I blithely assumed to mean 'virus checked' or some such, in  
reference to animated or script executable SVG files. (i.e. Adobe  
Flash etc.)
Insurance against 'non-safe' third party files is a very interesting,  
but very real dilemma, and I can understand your queried brow. I'm at  
a loss but will endeavor to assist if I may. Perhaps, again, a large  
part of this could be handled by better/clear communication artist to  
user? I'd happily sign a declamation prior to submitting work. "I  
hereby state that such and such.."

 >> ... I hope you didn't take my reply as a "get back there!" ...

Not in the slightest, and thank you.

.. I Am what I Am, I'm... "®Popeye Doyle™ (© All right reserved)"

Dj

Sorry for the lengthy 'post lurk' post.


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