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ESL forum > Concerning worksheets > PROBLEMS WITH CLIPART AND REPORTING A WORKSHEET    

PROBLEMS WITH CLIPART AND REPORTING A WORKSHEET



foreign
Slovenia

PROBLEMS WITH CLIPART AND REPORTING A WORKSHEET
 

Dear members of the website,

I �ve got a question for you which bothers me quite a lot and I think needs to be discussed here. It is about reporting and subsequently deleting worksheets which contain clipart from a PC CD-ROM. For example, I use clipart from a PC CD-ROM titled 225,000 Images from Focus media (http://www.amazon.co.uk/225-000-Images-4-CD-Set/dp/B0006398AO), on the cover of which it says:
 
�You may incomporate any image(s) into your own work and publish, display, and distribute your work in any media. You may not resell, sublicense or otherwise make available the image(s) for use or distribution separately or detached from a product or Web page. For example, the image(s) may be used as part of a Web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. �
 
So, the problem arises when www.mes-english.com uses pictures from that CD-ROM and then MY WORKSHEET GETS REPORTED AND DELETED BECAUSE MODERATORS DECIDE IT IS A COPY FROM THAT WEBSITE. What can I do? I think this ought to be discussed and decided upon because even Victor doesn �t know what to do in this situation (no disrespect intended). Do I have to contact the creator of www.mes-english.com and ask him to contact Victor and say where his clipart comes from? I know this sounds stupid, but I really don �t know what else I can do? Is there a way I can prove that my images come from that CD-ROM?
 
I hope all the faithful members of this website post their reply and state their opinion. I would really like to know what you think.
 
Lots of love,
Mojca

2 Jun 2011      





Bruna Dutra
Brazil

Regardless the fact that I haven �t seen the ws in question, or the images in it, I would like to point out that I THOUGHT Mark Cox, if I�m not mistaken that�s his name, owner of mes-english.com, claimed ownership because his art was original.

He claims ownership (and therefore, enforces the deletion of wss with "his" art from this page)  of pictures bought in a CD? Is that it? Did I understand it correctly?

If so... I �m speechless. I hope somehow I misunderstood something. And if somehow he actually is the maker of the clipart, but sells it for others to use them under those terms, how can he forbid them to be used in here?

I would also like to see this issue solved.

2 Jun 2011     



foreign
Slovenia

Dear Bruna,
thank you for you opinion. I don �t visit www.mes-english.com website that much, so I didn �t even know that Mark Cox claims ownership of the clipart used on his website!! You understood my concern correctly, and now I know something I didn �t know before! Hmm, this is becoming very interesting now. I strongly believe that as many members as possible should address this topic. We have to find a solution together. I know where my clipart comes from, and that �s 225,000 Images Focusmedia CD-ROM.

2 Jun 2011     



lizsantiago
Puerto Rico

i have a question, was your ws removed because of copyrighted images or for  being a copy?  cuse if its was for being a copy then there should have being a link to prove it if it was for being a copyrighted image and you have the cd, upload your ws again if it is reported you should open the cd look for the image and make a print screen of your computer and send the prove to victor that the image was fairly used.  another thing try to contact the cd company or verify if you can find the artists who got involve in the creation of the images to see if the guy from mes-eng is one of them. sometimes people claim  ownership of things when they are not the owner.

2 Jun 2011     



Olindalima ( F )
Portugal

Hello  Foreign, and all the others

May I bring some light here, there are some misunderstandings around, as far as I understand this topic.

First -

For example, the image(s) may be used as part of a Web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. �

Foreign, this is quite usual - you buy, but can �t make the clipart available - this means, YOU are making it available, here,eslprintables, IF you upload a word doc, editable.

Mark only uploads PDF. Mark doesn �t claim clipart, he claims copyright for many and many of copied printables fom his site. He has the copyright of the clipart and he shares it  within the rules. This means, you are not able to copy/paste a picture from mes-esnglish.

I didn �t see your printable, but if you have uploaded it in word.doc, anyone can copy/paste!!!!!

You can use the pictures mixed with anything else, in such a way that it turns out impossible to copy them, unless you go to a photoshop, or something like, to separate the whole picture and take the one you want.   " may be used as part of a Web page design ", but " but may not be made available for downloading separately"

You don �t need to prove anything, foreign, you just have to upload your printables in such a way that people wouldn �t be able to copy /paste clipart. Mark does it .  And Mark keeps getting his printables stolen - so, now, people are so much used to seeing " his" clipart that, may be, people report printables, at once.
But, if you manage to prove that the only thing similar is the clipart, not the whole printable, and... if you follow the rules and upload them the right way, you will allways be the right side.

I have Ashley �s clipart rights - it �s the same. I can upload them, but I have to take care, I upload them alwyas in such a way that people can �t go there and just right click and download.
Mena ( our friend, here ) frequently groups two or more pictures and saves them as a whole - when she uploads , even if someone right clicks and downloads, she will always be able to prove that the picture had some photoshop, so, it wasn �t her fault.

We have to be very careful with copyright.

Last, but not least, please, be sure Mark Cox is a friend, always available to help, a person who works for all of us, provides tons of wonderful and useful materials.

My opinion,
It �s not Mark �s fault, it �s not Victor �s fault.....
it �s only you who didn �t read the copyright rules carefuly, missed some little, but important message.Wink

Check my printables, you will see that most of them AREN �T editable - this obliges you to photoshop the clipart.
Check Mena �s and if you know Ashley �s clipart, you will see that she uploads mixed images.

Hope I have brought some light here, I deeply understand your frustration, I have been for some years in the same situation, I �m not a lawyer, so, before I get to understand what "they" wanted with that thing of " YOU MAY ", but " YOU CAN?T " took me a long while.

Foreign, if you need some more bla, bla, bla about this, feel free, pm me.
Hope I have been useful

LindaHug

3 Jun 2011     



Nelly89
Mexico

Uhm Hi!
  I �m new in this site and I �d like to know if we are allowed to use others people images/ cliparts etc.
Because I �ve seen that many of you have similar cliparts
I was wondering because I want to make some worksheets
Thanks in advance

3 Jun 2011     



Bruna Dutra
Brazil

@Linda.
I understood your point of view, but if the terms of use say "You may incorporate any image(s) into your own work and publish, display, and distribute your work in any media"  you are allowed to upload them in here, even if in .doc format. The thing with "making it available for others" wouldn �t apply here, because the art is part of the work (your work) you �re distributing, and just like in a webpage one can simply right-click and copy the clipart, you (the buyer/user) would be breaking the rules only if availing it for direct download (detached from your work), which is not the case here.

PDF �s snapshot tool makes it real simple for one to copy the clipart, but still, it �s not the buyer/user �s fault, and clipart sellers know that. Only a few enforce the copying to be harder. Thistlegirls say so in their terms and even so, up till now, I haven �t seen ESLP members who use them making uneditable printables.

Summing up, Foreign (Mojca) did not NOT read the terms correctly, provided that the TOU he/she posted were actually the right ones.

I also did not see the ws in question, but if the thing with the clipart actually is what he/she explained, then there �d be no reason for the wss to be reported and removed. Unless we also start removing the wss of other members who knowingly do NOT follow the terms of the product they bought. One can have access to thistlegirls clipart (single handedly) anytime one wants the way it�s uploaded in here.

3 Jun 2011     



victor
Spain

Hello again Mojca,

I assumed that you had taken the cliparts from www.mes-english.com, because many other users have done it before. Sorry for this.

Now, if you have taken them from a CD-ROM that you bought, then there is no problem for me. It �s your own responsibility to follow the TOU of that CD-ROM.

Therefore, I �ve restored your worksheet and your points.

3 Jun 2011     



foreign
Slovenia

Dear Olindalima,
 
thank you for your comment, but I didn �t quite understand your point of view. On the one hand you claim that I make the images available for everyone to copy and paste, but Mark does it the right way because he makes them in PDF format. Well how come so many people are able to use his clipart (steal it) if he makes it impossible for people to copy and paste them? I would be very happy if you could explain what exactly you meant.
 
Thanking you in advance,
Mojca

3 Jun 2011     



elsnert
Russian Federation

You know, today I �ve got some wss from the site and the problem is that they are not editable but with mistakes. What can we do with this? I know nobody wants to be reported and removed but we should be more careful then...

3 Jun 2011     



foreign
Slovenia

Dear Bruna,
I think you explained your point of view in a very clear and understandable way. I too think that there is a huge difference between copying/pasting and downloading. I don �t provide people with images in a form for downloading and storing on their computer. I merely use them on MY handouts, on my own work, which I publish/display/distribute on this website. So I agree with you. 
 
Thank you very much for your comment.

3 Jun 2011     

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