[Clipart] Clipart licencing question

Nicu Buculei (OCAL) nicu at apsro.com
Mon Oct 31 00:23:49 PST 2005

Michael Moore wrote:
> I will soon be getting a copy of Art Explosion 125,000. It doesn't
> seem they sell it anymore, but here are their existing products:
> http://www.novadevelopment.com/Products/Clipart.aspx
> I've read the licence for it here:
> http://www.novadevelopment.com/Company/License_End_User.aspx

Take any advice you get here with a grain of salt, we are all computer
geeks not lawyers, we use Public Domain dedication as our own license to
make things as simple as possible for our users.

> It says in section 5 that the content can't be distributed to third
> parties. Would the fact that the first paragraph says "Your
> installation or use of the Software means that you have read and agree
> to all of the terms and conditions of this License.", and that I never
> have, and never will install or use their software mean that I *could*
> distribute the content?

As a start, all their images are covered by copyright, which means *no
redistribution*. On top of that is added an EULA with more
*restrictions* and no added rights for the end-user.
An opposite example is GNU GPL, it is based on copyright, but it add on
top of that additional *rights*, namely *redistribution*. This is not
the case with the license you mentioned.

> If I never agree to their terms, would I just be bound by normal image
> copyright and logo licencing issues?

Some people will argue any EULA is not enforceable (even the Windows
EULA), but I believe this has yet do be decided by a court.
However, with or without EULA, the copyright remains and you are not
allowed to distribute the images.

> If this question is inapropriate for this list, let me know.

As said above, make your own judgments, I am not an USA citizen and the
specific USA laws does not apply to me, from my point of view that EULA
is void as it is in English and the local law require for such
agreements to be translated in order to have any power.

Open Clip Art Library: http://www.openclipart.org

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