[Clipart] Possible copyright infringement

[Greg Bulmash]

First, if the images are public domain, they cannot restrict their use
by competing ventures. Therefore, if the images are owned/created by
them, that restriction makes their claim of "public domain" false.

If the images are not created by them and are in the public domain,
then all they have is a sui generis copyright on the selection of
clipart, and using a couple of images won't violate it, but
duplicating their collection to a high enough degree (assuming OCAL
didn't get all/most of the PD artworks from other sources) would.

Then again, I learned a very HARD lesson about accepting the public
domain assurances of random clipart sites. Still litigating that one.

So basically, either they're putting a restriction on the image they
have no right to put on it or they're not really putting it in the
public domain. Either way, it's tainted.

On Wed, Jun 9, 2010 at 10:26 AM, Leonardo Cunha <laobcunha at gmail.com> wrote:
> http://www.openclipart.org/detail/65227
> from
> http://www.freeclipartnow.com/fashion/swimwear/shorts.jpg.html
> 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.
> 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
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