[Clipart] Fwd: Question about car clipart

[Nathan Eady]

Leonardo Cunha <laobcunha at gmail.com> writes:

> Does anyone know about the subject?

A little.

> Does anyone know if clipart of existing car models (without brand
> names, of course) is a copyright/trademark infringement? Or could it
> be released in public domain without causing trouble?

If you copy the car manufacturer's presskit images of the car, or some
other image of the car that somebody else made (whether it's a photo
or a drawing, doesn't matter), you're copying.  The creator of the
original image has copyright, and you need their permission if you
want to distribute your copy.

If, however, you look at the car itself and draw it, you're creating
an original drawing, not copying someone else's.  The copyright is
yours exclusively (and, in the US at least, you may release it into
the public domain if you choose).  

That rule of thumb should work for just about any three-dimensional
object that you draw (or photograph) in two dimensions (barring
trademark issues).

The other major gotcha is "work for hire", which can happen if you do
the drawing on your employer's time (while on the clock) or on your
employer's property or premeses or using any of your employer's
equipment, or if you are salaried.  (If you are salaried, you should
check your employment contract and/or your employer's legal department
for clarification.)  If you aren't sure whether your employer may be
able to claim 'work for hire' copyright on your works, check with a
lawyer.  (I have the good fortune to work for an employer that is
concerned with providing information as freely as possible rather than
restricting it, and on top of that to be paid by the hour, so that
anything I do at home on my own time is clearly free of any
work-for-hire possibilities in any case.  Not everyone is so lucky.)

-- 
Nathan Eady
Galion Public Library