Clip Art copyright

BillHeiss

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A friend has designed and printed some posters advertising an upcoming bridal show. I admired the photograph she used of an attractive bride and groom. I asked her where she got it from and she said "clipart". Initially I was surprised, thinking that she has to get a license to use it, but then got to thinking about it. I don't know the terms under which the clipart photograph was released under, so I can only ask in general terms:

In the USA, if somone purchased a CD of clipart, are they free to use the images on that CD without further royalty payment to someone? And if not, what then is the point of buying a clipart CD?
Thanks
 
In the USA, if somone purchased a CD of clipart, are they free to
use the images on that CD without further royalty payment to
someone?
In most cases, yes. Welcome to the beautiful world of "royalty free"! Great for consumers, lousy for photographers.
 
Usually, for most purposes. BUT...

It all depends on the usage license with the clip art. Much like a photograph you take and own copyright for, the clipart company sets certain terms of use for thier products by a usage license and some are far more liberal than others.

For example, with most clip art images, you are free to reproduce images for any PERSONAL use, but some limit any and all commercial usage. Others allow you to use images to advertise your biz (cards, flyers, posters, etc) but may limit the print usage to publications under a certain circulation. Some allow website use, some do not. Some allow you to create products based on the images - mugs, t-shirts, etc for resale while others strictly prohibit it. Most all prohibit any distribution of the raw image file, such as in a collection or incorporated in a template for resale.

Confused? It will get worse when you are done reading the long license terms with each title! Dont trust a reselling vendor either, as many dealers are unfamiliar with the exact licensing terms of a software title, so the kid at office max who says you can use the 7 dollar clip art collection freely on your website very likely has no clue what the real use restrictions are. Sadly, the makers of such clipart usually dont disclose the REAL license on the outside of the box but in the license agreement you click on when loading the title, so its easy to buy worthless clip material.

RF and clip art disks have been a growing problem for real photographers who recognize the value thier unique images have over a long time and I fear it will only get worth with the number of snapshooters with DSLRs now who are thrilled to death to get a buck per shot. Ugh!!!!!!!!!!!!!!!!!!

--
Eric in Florida
 

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