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KayW
01-10-2006, 01:44 PM
Hello fellow scrappers!

A quick update for those who don't know me or didn't read my first posts:

I am a children's author in the process of illustrating my book with my photos.

I asked before about scrapping papers and material being copyrighted.

Now I've come across clipart.com I mainly want to illustrate my book with my own photos, but for some papers/brushes/etc...I might like to use clipart.com

I also may like to share some of the kits I am making that would include elements from clipart.com

Reading the user agreement I think I could use the clipart for my books, but could not use it to make page kits to share with others. Here is the agreement. Do you all read this the same as I do?

This said, what are some of the sources that the digital design team uses to make their page kids? What are sources of photos, stock, clipart that I could use to make page kits to share or sell?

Please let me know what you think! And thanks for bearing with me!

Karma

Permitted Uses. You may, subject to Section 1(F) below:


Back up, and store, single Image(s) as necessary on a single server for archival, tracking or asset management purposes only. Any copy or archive you make must include copyright notice pursuant to Section 1(G)(III).

Use the Image(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s).

Use the Image(s) in any items for personal use or resale, including book covers, calendars, consumer merchandise (T-shirts, posters, art, etc.), provided such use is not intended to allow the re-distribution or re-use of the Image(s).

Modify or alter the Image(s) as necessary for your use, provided that if such modification or alteration constitutes a derivative work, the rights to all such derivative works shall belong exclusively to JUPITERIMAGES or its providers, as the case may be, -and that you shall only use such derivative work in accordance with this Agreement. If requested by JUPITERIMAGES, you agree to execute a written assignment of any such rights, including copyrights, at no cost to JUPITERIMAGES.

Use the Image(s) as décor in an office, lobby, public area, restaurant, or retail store.

Use the Image(s) as design elements in video, film, or television broadcasts.

Use the Image(s) in connection with your business or entity, e.g. corporate identity documents and letterhead, except as prohibited below.

Use the Image(s) for any other uses approved in writing by JUPITERIMAGES.

Prohibited Uses: You may NOT:


Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).

Reverse engineer, decompile, translate, or disassemble any part of the Image(s).

Copy or reproduce the Image(s), except as specifically provided for in Section 1(E).

Remove any copyright, trademark or watermark from any place where it appears on the Image(s).

Display the Image(s) in any digital format or for any digital use at a resolution greater than 72 dpi, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.

Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. JUPITERIMAGES or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.

Use the Image(s) to compete with JUPITERIMAGES. JUPITERIMAGES is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.

Use the Image(s) in a product or service whereby the Image(s) can be used apart from a product or service.

Use the Images(s) in any downloadable format intended for multiple distribution including, without limitation, Web site templates, software products, e-greetings, etc. You may contact templatelicense@jupiterimages.com to find out about a special license for such use.

Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.

Use Image(s) as part of any use involving sensitive subject matters, as determined by JUPITERIMAGES, including but not limited to the following: all sexual issues, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, Homosexual or alternative lifestyles, and physical or mental abuse, without advance written consent from JUPITERIMAGES and any model in such Image(s). Sensitive subject use pertains to both commercial and editorial uses. Contact JUPITERIMAGES for verification of model releases. Availability of model releases does not grant the right to use Image(s) in any sensitive subject

Emma
01-10-2006, 02:13 PM
I would imagine they wouldn't go for you creating the derivitive works and reselling the graphics without getting a license 3rd para up from last. Best was is the ask them, there's an email address provided to make it easy

KayW
01-10-2006, 02:20 PM
That's exactly what I thought. But it does say I can use the art for items like books and merchandise I plan to sell. So using the art in elements of my book photos isn't a problem I assume.

So I wonder where all the design teams get art to make their creations? I can do a LOT with my own photos and photoshop, but some things I just can't do. I am thinking about buying a few of the dover books to scan.

Karma

premier
01-11-2006, 09:26 AM
I would suggest you consult your publisher. Their legal dept. may well have their own requirements and standards in regards to copyright.

Emma
01-11-2006, 10:34 PM
yes, the publisher might have some extra precautions, though that statement there sounds like you can use them for your book, just not for making and distributing the graphics in things like digi kits without purchasing a license. Inquire, it might be quite reasonable!

Try www.houseoflime.com All her ding fonts are free and allowed for commercial use, and many of them were made from Dover. I use them a lot for background textures or patterns, and for turning into elements. I just type the letter I want (you really need a font manager to make good use of these, so you can preview the whole font and choose which letter you want). Then I add effects like color, bevel, texture, etc.

In my DSU 261 class I don't show how to use ding fonts, but it's the same concept as turning custom shapes into elements, which I do teach.

hth, enjoy that site!