[Clipart] Fwd: Question about car clipart

Leonardo Cunha laobcunha at gmail.com
Mon Jun 21 18:26:33 PDT 2010


Nathan Eady,

Thanks a lot.
My idea was to draw only by looking at the car. Also I don't it is now a
work for hire situation. So looks like it will be ok.

Best regards,
Leonardo Cunha



2010/6/21 Nathan Eady <eady at galion.lib.oh.us>

> 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
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> clipart at lists.freedesktop.org
> http://lists.freedesktop.org/mailman/listinfo/clipart
>
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