[Clipart] Possible copyright infringement

[chovynz]

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 
truth.

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:
> 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 <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
>
>
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