Is this against copyright?

[SouthLake]

I've read Microsoft's copyright policy that states you cannot use clip art
for commercial purposes. But I still have a question..

My friend has asked me to create a brochure for her, for her dance club. It
will be distributed for free to their members, but she wants to pay me a very
small fee for my time in making it.

Since I could possibly be earning money from creating the brochure for her,
does that then make it a commerical purpose? Or does the fact that she is
not charging people to buy the brochure means that it is not commercial?

I just want to know if I should or should not accept payment for this? If I
were to make the brochure for her for free, then would that not be commercial?

Hope this makes sense. Please let me know ASAP if possible!

[John Inzer]

Post by SouthLake
I've read Microsoft's copyright policy that states you cannot use
clip art for commercial purposes. But I still have a question..
My friend has asked me to create a brochure for her, for her dance
club. It will be distributed for free to their members, but she
wants to pay me a very small fee for my time in making it.
Since I could possibly be earning money from creating the brochure
for her, does that then make it a commerical purpose? Or does the
fact that she is not charging people to buy the brochure means that
it is not commercial?
I just want to know if I should or should not accept payment for
this? If I were to make the brochure for her for free, then would
that not be commercial?
Hope this makes sense. Please let me know ASAP if possible!

===============================
We cannot offer legal advice...the articles are
the best we can offer. You'll have to make your
own decision or possibly ask your attorney.

Anyway...it seems commercial to me because
the brochure is advertising a business. See #4
under the Clipart section of the following article:

Use of Microsoft Copyrighted Content
http://www.microsoft.com/about/legal/permissions//default.mspx

Here's an excerpt from the MS Publisher 2007
License:

====
Media Elements and Templates. You may copy
and use images, clip art, animations, sounds, music,
shapes, video clips and templates provided with the
software and identified for such use in documents
and projects that you create. You may distribute those
documents and projects non-commercially. If you
wish to use these media elements or templates for
any other purpose, go to www.microsoft.com/permission
to learn whether that use is allowed.
====
--
John Inzer MS-MVP
Digital Media Experience

Notice
This is not tech support
I am a volunteer

Solutions that work for
me may not work for you

Proceed at your own risk

[SouthLake]

So what makes it commercial is not the fact that she would be paying me a
small sum to create the brochure, it's what the brochure would be used for?
I'm just trying to determine what part is considered commercial.

Is it her paying me a small fee to make it, or the end-result in her passing
out the free brochure. The brochure is actually for a concert that her dance
club is putting on. Don't know if that's still considered a business but I
guess possibly?

Post by John Inzer

Post by SouthLake
I've read Microsoft's copyright policy that states you cannot use
clip art for commercial purposes. But I still have a question..
My friend has asked me to create a brochure for her, for her dance
club. It will be distributed for free to their members, but she
wants to pay me a very small fee for my time in making it.
Since I could possibly be earning money from creating the brochure
for her, does that then make it a commerical purpose? Or does the
fact that she is not charging people to buy the brochure means that
it is not commercial?
I just want to know if I should or should not accept payment for
this? If I were to make the brochure for her for free, then would
that not be commercial?
Hope this makes sense. Please let me know ASAP if possible!

===============================
We cannot offer legal advice...the articles are
the best we can offer. You'll have to make your
own decision or possibly ask your attorney.
Anyway...it seems commercial to me because
the brochure is advertising a business. See #4
Use of Microsoft Copyrighted Content
http://www.microsoft.com/about/legal/permissions//default.mspx
Here's an excerpt from the MS Publisher 2007
====
Media Elements and Templates. You may copy
and use images, clip art, animations, sounds, music,
shapes, video clips and templates provided with the
software and identified for such use in documents
and projects that you create. You may distribute those
documents and projects non-commercially. If you
wish to use these media elements or templates for
any other purpose, go to www.microsoft.com/permission
to learn whether that use is allowed.
====
--
John Inzer MS-MVP
Digital Media Experience
Notice
This is not tech support
I am a volunteer
Solutions that work for
me may not work for you
Proceed at your own risk

[John Inzer]

Post by SouthLake
So what makes it commercial is not the fact that she would be paying
me a small sum to create the brochure, it's what the brochure would
be used for? I'm just trying to determine what part is considered
commercial.
Is it her paying me a small fee to make it, or the end-result in her
passing out the free brochure. The brochure is actually for a
concert that her dance club is putting on. Don't know if that's
still considered a business but I guess possibly?

================================
Well...you know...if it quacks like a duck.....
If there is money involved...it's a business.

I have already explained it in the best way
I know how. I guess you read the article?

Maybe someone else will offer an opinion.

Sorry...but we are simply volunteers...not
representatives of Microsoft and *cannot*
offer legal advice. If you really need a firm
*yes or no* decision...consult your attorney.
--
John Inzer MS-MVP
Digital Media Experience

Notice
This is not tech support
I am a volunteer

Solutions that work for
me may not work for you

Proceed at your own risk

[SouthLake]

PS - I should note that I've already gone ahead and used another graphic that
I know is unlicensed, but I'm just curious now for future reference.

Post by John Inzer

Post by SouthLake
I've read Microsoft's copyright policy that states you cannot use
clip art for commercial purposes. But I still have a question..
My friend has asked me to create a brochure for her, for her dance
club. It will be distributed for free to their members, but she
wants to pay me a very small fee for my time in making it.
Since I could possibly be earning money from creating the brochure
for her, does that then make it a commerical purpose? Or does the
fact that she is not charging people to buy the brochure means that
it is not commercial?
I just want to know if I should or should not accept payment for
this? If I were to make the brochure for her for free, then would
that not be commercial?
Hope this makes sense. Please let me know ASAP if possible!

===============================
We cannot offer legal advice...the articles are
the best we can offer. You'll have to make your
own decision or possibly ask your attorney.
Anyway...it seems commercial to me because
the brochure is advertising a business. See #4
Use of Microsoft Copyrighted Content
http://www.microsoft.com/about/legal/permissions//default.mspx
Here's an excerpt from the MS Publisher 2007
====
Media Elements and Templates. You may copy
and use images, clip art, animations, sounds, music,
shapes, video clips and templates provided with the
software and identified for such use in documents
and projects that you create. You may distribute those
documents and projects non-commercially. If you
wish to use these media elements or templates for
any other purpose, go to www.microsoft.com/permission
to learn whether that use is allowed.
====
--
John Inzer MS-MVP
Digital Media Experience
Notice
This is not tech support
I am a volunteer
Solutions that work for
me may not work for you
Proceed at your own risk