Discussion:
How to get permission to use Clip Art image as part of logo?
(too old to reply)
RY
2009-06-23 18:19:01 UTC
Permalink
I actually have two questions. First of all I want to use a modified version
of an image I found in the online clipart as part of a logo for my business.
I understand that I need to get the authors permission and perhaps pay for
the ability to do so but my first question is how do I determine who the
author is so that I may go about asking permission? Secondly, Ive read other
posts with people citing two different versions of the EULA, one for the Clip
Art Gallery that comes with microsoft products which specifically says you
cant use the clip art for logos, and a separate EULA for the online content
which does not specifially prohibit their use in logos. My second question
is are there in fact two separate EULAs?
John Inzer
2009-06-23 22:07:57 UTC
Permalink
Post by RY
I actually have two questions. First of all I want to use a modified
version of an image I found in the online clipart as part of a logo
for my business. I understand that I need to get the authors
permission and perhaps pay for the ability to do so but my first
question is how do I determine who the author is so that I may go
about asking permission? Secondly, Ive read other posts with people
citing two different versions of the EULA, one for the Clip Art
Gallery that comes with microsoft products which specifically says
you cant use the clip art for logos, and a separate EULA for the
online content which does not specifially prohibit their use in
logos. My second question is are there in fact two separate EULAs?
========================================
As volunteers...we don't know much more about
this issue than anyone else but the following info
seems relatively clear to me:

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.
====
--
J. 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
RY
2009-06-24 13:10:01 UTC
Permalink
Hi John, thanks for the help. Here is what i found at
www.microsoft.com/permission after following the link for the online clip
art. Ive decided to hire a copyright attorney to help me determine who if
anyone has a copyright on the clipart in which Im interested so that I can
get permission and even pay a fee to use it if necessary. Im not trying to
do anything underhanded or illegal, Id just hate to hire a graphic artist to
redesign something that works perfectly for me already if I can just get
permission to use it.

Media Elements and Templates.You may have access to media images, clip art,
animations, sounds, music, shapes, video clips, templates and other forms of
downloadable content (“media elements”) associated with the service. If so,
you may copy and use the media elements, and license, display and distribute
them, along with your modifications as part of your software products,
including your web sites, but you may not (i) sell, license or distribute
copies of the media elements by themselves or as part of any collection, or
product if the primary value of the product is in the media elements; (ii)
grant customers of your product any rights to license or distribute the media
elements; (iii) license or distribute any of the media elements that include
representations of identifiable individuals, governments, logos, initials,
emblems, trademarks, or entities for any commercial purposes or to express or
imply any endorsement or association with any product, entity, or activity;
or (iv) create obscene or scandalous works, as defined by law at the time the
work is created, using the media elements.
If you obtain media elements and templates from the Microsoft Office Online
Web site (or successor site), you may use them only if you have a valid
license to a Microsoft Office suite or one of its programs or a Microsoft
software product that includes Microsoft Clip Gallery or Microsoft Clip
Organizer (or a Microsoft replacement of the Microsoft Clip Organizer).
Post by John Inzer
Post by RY
I actually have two questions. First of all I want to use a modified
version of an image I found in the online clipart as part of a logo
for my business. I understand that I need to get the authors
permission and perhaps pay for the ability to do so but my first
question is how do I determine who the author is so that I may go
about asking permission? Secondly, Ive read other posts with people
citing two different versions of the EULA, one for the Clip Art
Gallery that comes with microsoft products which specifically says
you cant use the clip art for logos, and a separate EULA for the
online content which does not specifially prohibit their use in
logos. My second question is are there in fact two separate EULAs?
========================================
As volunteers...we don't know much more about
this issue than anyone else but the following info
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.
====
--
J. 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
2009-06-25 00:56:40 UTC
Permalink
Hiring an attorney is probably the way to go.

Better yet IMHO...hire an artist...after all, this
will be the icon that represents your business...
shouldn't it be unique?
--
J. 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
====================
Post by RY
Hi John, thanks for the help. Here is what i found at
www.microsoft.com/permission after following the link for the online
clip art. Ive decided to hire a copyright attorney to help me
determine who if anyone has a copyright on the clipart in which Im
interested so that I can get permission and even pay a fee to use it
if necessary. Im not trying to do anything underhanded or illegal,
Id just hate to hire a graphic artist to redesign something that
works perfectly for me already if I can just get permission to use it.
Media Elements and Templates.You may have access to media images,
clip art, animations, sounds, music, shapes, video clips, templates
and other forms of downloadable content ("media elements") associated
with the service. If so, you may copy and use the media elements, and
license, display and distribute them, along with your modifications
as part of your software products, including your web sites, but you
may not (i) sell, license or distribute copies of the media elements
by themselves or as part of any collection, or product if the primary
value of the product is in the media elements; (ii) grant customers
of your product any rights to license or distribute the media
elements; (iii) license or distribute any of the media elements that
include representations of identifiable individuals, governments,
logos, initials, emblems, trademarks, or entities for any commercial
purposes or to express or imply any endorsement or association with
any product, entity, or activity; or (iv) create obscene or
scandalous works, as defined by law at the time the work is created,
using the media elements.
If you obtain media elements and templates from the Microsoft Office
Online Web site (or successor site), you may use them only if you
have a valid license to a Microsoft Office suite or one of its
programs or a Microsoft software product that includes Microsoft Clip
Gallery or Microsoft Clip Organizer (or a Microsoft replacement of
the Microsoft Clip Organizer).
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