Forums: Discussions for entrepreneurs and small business.

I`m new to the Business World, but I like to play safe when it comes to the law. Ok, this is my question. Last March I bought a software called "Art Explosion" which contains about 800,000 images and created by Nova Development Corporation. I intend to use some of the images in this software to create a website webpages for my business. Although the Licence Agreement said in the Use of Content part that:

" You may use the clip art and all other content ("Content") included in the software only to create presentations, publication, pages for the World Wide Web and intranets, and products (collectively, "works"). It went on to say that: "You may not use the content for any other purpose whatsoever. For example and without limitation, you may not : (i) permit any other party to use any content unless it is use in a work; (ii) sell or distribute (commercially or otherwise) the content as a stand alone image or clip art, or in a graphics catalogs, design books, compilations, collections, templates, stock engravings or the like; or (iii) distribute or make available electronic copies of the content to third parties in any manner, including without limitation, via the internet, on any tangible media or by broadcast, that is intend or designed to enable the third party to copy the content for its own use."

I understood from this part of the agreement that I may used the content of the software to develop webpages for my website as long as it is used in my personal work (or it is not used as a stand alone). And also that, as long as I don`t distribute, or allow a third party to use or distribute the software or its content as their own clip art or images (like stand alone or duplication) as their properties.

I wish that someone familiar with this software or other softwares`  Licence Agreement to give me more clearification on this matter because I sent e-mails to the Nova Development Company, but they never replied. And I want to make sure that I`m not taking any risk using this software to develop webpages for my business  (specialized in the advertisement of other businesses services and products) website.

Million of thanks to all of you who show concern to this matter.

Regards,

Djabarou,

I`m not a lawyer and don`t represent this company, but I`ve purchased similar packages and once worked for a software company that published a graphics package with similar terminology.  Therefore, this is my opinion...

The company just wants to keep you from selling their graphics or robbing them out of a sale.  For use on your own web pages or products, what you want to do is generally okay if it`s just spicing up your website.  However, if your web business involves selling clip art or fonts that came with this package, or bundle their clip art with some other product, then that`s probably out of bounds.  I also imagine it would probably be in violation if you used their graphics to create logos for other people, where your clients would want to claim ownership of this company`s graphics (in whole or part).  If you`re looking to use the graphics on t-shirts, for example, their notice implies that it`s okay, because the customer can`t get hold of the actual electronic image.

If you`re wanting to sell website design to clients using these graphics... that`s where I`d continue to pursue the company for a more solid answer, as there can be many gray areas here. 

It should also be mentioned that unless you`re cutting into their profits, it isn`t worth most companies` time to pursue legal action other than a "cease and desist" letter.  Again... my opinion.

Jefferson,

I would like to present my gratitude to you for your concern to my problem, and especially for your very precious time. You will actually gain back the time you spent fixing me up, ten times. I got all the comments you made and the advises you gave me through your message. I will consider them in the use of the software. Please, feel free to talk to me anytime you want to. Again thank you for your prompt reply and I hope you have a wonderful day!

 (That`s me clapping for you Jefferson)

I agree with Jefferson; you can use the clipart (but not sell it as a competitor).

We use some clipart from www.clipart.com on our webpages and do not have a problem.  In their usability/terms and conditions, it states that the clipart can be rendered online and used on websites, but it cannot be displayed at larger than 72 dpi (so other individuals cannot download a "usable" copy without purchasing it). 

You may want to doublecheck possible resolution limitations for online display to ensure the graphics you are using on your website adhere to all their terms.

Gwendolyn,

I appreciate the confirmation you added to jefferson`s reply. This is very useful for me as well. Also, I`m thankful for the insight you gave me and the precious time you allocated toward the resolution of my issues. Remember that your time hasn`t been waisted because someway and somehow you will gain it back many times. Please feel free to drop me a line sometimes. I wish you the best in every aspects of your life. See you soon.

(i) and (ii) are pretty self explanitory. Obviously you can`t resale or distribute this material. Just like buying a video and making copies for other people. Whether you sell it or give it away is beside the point. Now (iii) is the catcher statement. If you put in your post verbatum what it says in the contract agreement, then you need to make the graphics so that they can not be "borrowed" by someone viewing your site. Should someone view your site and take one of the graphics you are responsible for unauthorized use of that graphic and therefore are in breech of contract. Almost none of these discrepencies are ever brought to light when they happen, but all it takes is one time and if that one time is you, it can royally mess you up. An easy way to cover your butt is to place a digital watermark on all graphics before putting them up on the web. I have done graphic design work off and on for years and this scenerio has come up a few times when I was in school. If you have Adobe photoshop and/ or ImageReady (which you can get seperately, but it comes with the photoshop package) you can open up all graphics in it (version 5.5 or higher) and in the filters pull down window, you can add a digital watermark. This way if anyone prints off your webpage or tries to take the image, the image automatically is reproduced with a visible watermark across the graphic making it unusable by the person trying to take it. Another thing that you can do is modify the original graphic. I think if it has more than a 15 % modification to it then it is considered in court to be an original image. To be safe, modify it about 25% and then its officially your image to with what you want. This is why you can get window decals of a Calvin representation doing lude acts on ford symbols and such or a poor quality mickey mouse flipping people off. Like I said most of the time these contracts are there in case something like a corporation starts using another corporation logo or design in an unflattering way. The little guys usually are never bothered, but if I spent money on a set of designs and worked my butt off on a website only to have some other person come in and steal the graphics that I paid money for I would be ticked. If you do not have a graphics editing program that can modify or add a watermark, then maybe find someone that can help you. Hit your local colleges for graphic design students that are looking to earn an extra buck. They are cheaper than having a professional do it, plus you are helping them out by giving the projects that will give them practical experience.

Eh, Look at you! That`s awesome. I like the contribution you have added to the resolution of my problem. I wish there was some virtual flowers here so I can send you some. But how about .

Ok, I like to thank you very much for all the information you gave me. I did not know most of these before. I`m very glad you stepped in. Now I feel much better about the legal concerns I had about using the softwares I bought for my project. Please, feel free anytime to tell me more about this or even to just drop me a line to say "Hi, how are you doing on your project?" I will appreciate it. But, for now you have being one of my best helper. You will be added to my buddy list.

By the way, I`m also searching for two partners. One as a programmer that will also be in charge of the graphics` design, and the second one  should be a dealmaker who will focus on sales and marketing. What do you suggest? Again, thank you very much for your contribution and stay blessed! I hope to hear from you soon. Say my best to your family.

Bye