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ESL forum > Concerning worksheets > Using images from iclipart in your worksheets.    

Using images from iclipart in your worksheets.



David Lisgo
Japan

Using images from iclipart in your worksheets.
 

Hi. This may be of interest to any of you who are using iclipart.com images in your collections. Below is a copy of the e-mail I received from Alison Hoy, president of Vital Imagery Ltd., in answer to a query I sent her regarding the terms of use. I have also attached my response to her request that I "remove all the worksheets immediately". Some of my other clipart collections are not quite so stringent as iclipart.com, so I am able to continue producing and uploading worksheets.

"Hi David, Thanks very much for your enquiry. We really appreciate that you are trying to do the right thing and follow our terms of use. I m afraid that your usage does fall under section "f" since you are uploading the worksheet for multiple people to download. JPG and PNG images can be very easily edited and the images extracted if someone has Adobe PhotoShop or a similar image editing program. This is indeed the main reason that such redistribution is not permitted. It is our duty to protect the rights of the artists whose images we license and this is a stipulation that they insist upon. I will have to ask you to please remove all the worksheets immediately and if you can let me know when this has been completed I would greatly appreciate it.

Thanks, Alison Hoy President | Vital Imagery Ltd."

My response: "Dear Alison, thank you very much for your reply. Here is what I m going to do. I will change the location of all the clipart which I am knowingly downloaded from iclipart.com. This will make the images unavailable to any future projects, which may contravene the "terms of use".As to the images already in use and available for downloading, I will check each worksheet individually and replace any images which are knowingly from  iclipart.com. iclipart.com images consist of a great minority of images in my collection of worksheets. It is somewhat ironic that I became a subscriber to iclipart.com after seeing an advertisement on the very website to which I have uploaded my images. I will also post a message in the forum and warn other members of the limitations in using your images.

Thank you for your time. David Lisgo"

"(You may not) f. use ICLIPART content in any downloadable format intended for multiple distribution including web site templates, digital scrapbooking kits, software products, e-greetings, digitized embroidery files, electronic games etc., except as specifically authorized."

11 Sep 2010      



tastybrain
Taiwan

What s the point of paying for a subscription if you can t use the damn things?

11 Sep 2010     



blunderbuster
Germany

Thanks David.


11 Sep 2010     



MJ_Misa
Czech Republic

Thanks for the information, David. 

11 Sep 2010     



marlene010284
Mexico

Wow. How unfair!!!!  I strongly agree with tastybrain. What s the point, they get the money but they don t want their susbcribers to get any advantage from this.

Thanks a lot for the warning!!! Didn t know this site, but I won t use it anyway!!!


11 Sep 2010     



ELOJOLIE274
France

Thanks for the warning!!!

this is indeed crazy: you pay for something and you re not allowed to use it... At least you were honest and told them you would remove their cliparts from your ws, but it s going to be a pain in the #%#...

i looked at the terms and conditions of the clipart dvds I bought, and it says that I mustn t make a profit out of those cliparts... and now i m wondering if it is considered as "making a profit" to get points, since with those points i can download others ws... but i m not as honest as you, and i won t contact them to know what I can or can t do... I think what we re doing here - sharing our ws - is a good thing, and it s unfair to tell us that we can t do it...

have a nice day!
Elodie

11 Sep 2010     



lshorton99
China

It make sense - you ve paid for you to be allowed to use their work, not the rest of the world. If you make a worksheet using their images and photocopy it for one class, I imagine it would be ok but by uploading them here, you re redistributing an artist s work to a large audience without them getting the benefit.

I m glad it s been made clear.

Lindsey

11 Sep 2010     



donapeter
Romania

Being in the field of copyright owners I know that Redistributing means "not selling/re-selling the product"as you bought a DVD and then you make copies and sell them. At least this is what we mean when we write it on the terms and conditions. You buy them to make a profit out of them , not to enjoy watching them or keeping them in a secret box, BUT you can t resell them. Otherwise.....what s the point of wasting money on them? 

11 Sep 2010     



ellakass
Israel

I bought some sets of clipart and graphics for my website and most of them only ask to mention their sites and not to use in commercial purposes, but they are not against to use them on sites like ESL or school web pages. So I use them here and in my school site too.

11 Sep 2010     



donapeter
Romania

I have a problem with understanding the rules, David :where in F rule can you include our worksheets? web site templates, digital scrapbooking kits, software products, e-greetings, digitized embroidery files, electronic games etc.
I suppose it is in etc as etc can mean anything they want! 
I am just imagining a lawsuit! 

11 Sep 2010     



David Lisgo
Japan

I cannot imagine a "lawsuit" against any individual on this as a very high percentage of their clipart is available in other collections so it is difficult to prove where the user got it from and what rights of use he or she has, besides it would be extremely expensive and probably involve international lawyers and all for the sake of some pitiful clipart image. 

I produce and sell workbooks and cards games and some of the images may be from iclipart.com, but this is quite legal as long as I do not sell more than 100,000 copies. Just another 99,000 to go.
 
I am not suffering from scrupulosity so I will not be writing to any more clipart providers, though I will be careful as to what I upload here as we do not want to do any harm to this wonderful site. Nor will I be lecturing others on the matter.
 
Some clipart collections state that you can upload your work and share with others as long as you include their copyright of the image, i. e. "
 
(You may) incorporate any Image(s) into your own original work and publish, display and distribute your work in any media provided you include a copyright notice in any electronic or digital work reflecting on the copyright ownership of both you, FastTrak Software Publishing Ltd.and its licensors as follows:
  "Copyright (c) 20__ [your name] and its licensors. All rights reserved."
 
Everybody in the world seems to ignore this condition, so who am I to break with tradition.

11 Sep 2010     

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