[Clipart] clipart Digest, Vol 79, Issue 1

[Nathan Eady]

John Olsen <johnny_automatic at mac.com> writes:

> As noted in this discussion, it is my understanding that drawings
> used in support of US Patents are by definition in the public
> domain.
> http://inventblog.com/uspto/are-patent-drawings-public-domain.html

> The only exception is if one makes a clear copyright or mask work
> claim right below the drawing.  No such claim is on any of the
> drawings in this patent.  I contend that these drawings are in the
> public domain.  The US patent website also explains it as I
> understand it.

I can imagine one other possible exception: if the patent applicant
did not have the legitmate right to use the image in the patent
application in the first place.

However, that would be a special case.  If someone were specifically
claiming that something like that is going on in this instance, then
that would be one thing, but the extremely generic language in the
Zazzle notice (which doesn't even bother to *name* the rights holder)
seems more likely to be the result of a random "all this public domain
clip art we found and gathered up is now our intellectual property
because, umm, we say so" copyright troll, or something of that nature.

So I guess I agree with this:
>>  I am on zazzle too. This doesn't mean anything. Let him ask the
>> Zazzle Content Review Team who claims to be rights owner. They will
>> give him the details. Then its easier to check if there is really a
>> intellectual property infringement.

In this instance.

-- 
Nathan Eady
Galion Public Library