[Clipart] Licence

Gerald Ganson Gerald.Ganson at rdc.ab.ca
Wed Jul 22 08:31:29 PDT 2009


>> ... And I really don't say Gerald did something wrong. 
>> But if the licence is so clear, why did Gerald put a statement from 
>> W.Korn on every clipart that the cliparts free to use if they are anyway 
>> in the public domain?

Mostly to avoid taking credit for another person's work.

If these are still in question, please remove them, I will take no personal issue with this action.

I was the one who flagged the request as a possible violation in the first place.

http://openclipart.org/media/reviews/wkdesign/4164#1760

Pasted in next is the email exchange I had with W. Korn when I was working on these images and converting them to SVG, as a conversion request.

<PASTE>

Sent - Wed 12/12/2007 3:12 AM

Hello Mr. Genson,

All to openclipart.org website uploaded images are created by me. And I will very glad, if the users of this website will use uploaded cliparts free.

If you have some questions, please write to me.

Best Regards

W. Korn

________________________________________
Von: Gerald Ganson [mailto:Gerald.Ganson at rdc.ab.ca] 
Gesendet: Freitag, 30. November 2007 22:57
An: 'contact at clipproject.info'
Betreff: 

Hello.
 
I am writing on behalf of the OpenClipart Library re: a recent upload to the project.
 
A user (wkdesign) has uploaded 14 images into our "requests" area, which is where people upload bitmap based files, and request that OpenClipart contributors turn them into vector (svg) graphics and add them to the OpenClipart Library.
 
The images uploaded each have copyright listed to this site. (www.ClipProject.info)
 
We believe that the user "wkdesign" and W. Korn, are one in the same person, and that he has granted permission to the OpenClipart contributors to add these images to the Public Domain project that we are working on. It is possible, however, that "wkdesign" does not have permission of W. Korn and his project, and has uploaded these files to OpenClipart in violation of the copyright.
 
OpenClipart contributors would welcome the addition of images from W. Korn, and look forward to helping convert these to SVG files, and placing them in the collection for him. We would greatly appreciate any images added to the collection this way. 
 
I am writing to confirm that the images shown in the link below, are uploaded by their copyright holder, and that he has requested that OpenClipart contributors use these images to create public domain images within the OpenClipart project.
 
http://openclipart.org/media/files/wkdesign/4164
 
Please reply and let me know one way or the other.
 
Thank you;
 
Gerald G.

</PASTE>




-----Original Message-----
From: clipart-bounces at lists.freedesktop.org [mailto:clipart-bounces at lists.freedesktop.org] On Behalf Of Jarod Russel
Sent: Tuesday, July 21, 2009 10:25 PM
To: Greg Bulmash; clipart at lists.freedesktop.org
Subject: Re: [Clipart] Licence

You're right when wkdesign uploaded his cliparts he agreed to the public 
domain dedication. And I really don't say Gerald did something wrong. 
But if the licence is so clear, why did Gerald put a statement from 
W.Korn on every clipart that the cliparts free to use if they are anyway 
in the public domain? 

I found W.Korns website in the wkdesign profile on OCAL and noticed 
he/she is selling cliparts. I mailed him/her and asked that he/she is 
clear about what public domain means and he/she seemed to be suprised. 
I'm afraid I can't find the mail anymore. All I've got is that whats in 
the archives of this mailing list.

http://lists.freedesktop.org/archives/clipart/2009-January/008939.html

Here W.Korn statet that the cliparts on OCAL are for personal use only.

This all sounds like too much trouble to me for somebody who wants to 
use the images for commercial use.

Greg Bulmash schrieb:
> He agreed to the public domain dedication when he uploaded them.  If 
> he didn't understand it, he doesn't have a whole lot of legal 
> recourse. He'll be able to delete them himself and stop OCAL from 
> further distributing them, but all current uses based on his upload 
> are going to be protected, including redistribution.
>
> It looks like Gerald G's stuff is based on wkdesign's zip file, so 
> Gerald was not out of line or even mistaken when he uploaded those 
> pieces.
>
>
> Jarod Russel wrote:
>> Yeah but also if marked so, not every clipart is in the public 
>> domain. As I said in the beginning of the year already, cliparts made 
>> by Gerald G. featuring W.Korn are statet as free. That can mean 
>> everything. Also free for personal use but not for commercial. The 
>> member wkdesign is W. Korn and he stated clearly to me that his 
>> images are not in the public domain.
>>
>> My guess is some people load up their cliparts or other peoples work 
>> and don't read or don't understand the upload rules at OCAL.
>>
>> If you want to use images from openclipart.com for t-shirt printing 
>> let me tell you there is a risk. Definitly don't use things involving 
>> company names, famous logos, celebrities etc. Those cliparts may be 
>> in the public domain, but that doesn't mean they are free of 3rd 
>> party rights too.
>>
>> Jan-Olof Eriksson schrieb:
>>> Just to make sure, so i can download these images from openclipart.org
>>> and sell them if i want to? Make t-shirts etc?
>>>
>>> Regards,
>>>
>>> Jan-Olof Eriksson
>>>
>>>
>>> _______________________________________________
>>> clipart mailing list
>>> clipart at lists.freedesktop.org
>>> http://lists.freedesktop.org/mailman/listinfo/clipart
>>>
>>>   
>>
>> _______________________________________________
>> clipart mailing list
>> clipart at lists.freedesktop.org
>> http://lists.freedesktop.org/mailman/listinfo/clipart
>>
>

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