Legal Question in Technology Law in California

Clip Art use

Can I legally use downloadable computer ''Clip Art'' as a source of inspiration for my own illustrations of a book that I am writing. For example, in my book I need illustrations of 1 subject (like a chair) in 85 different styles.

I am NOT ''cutting and pasting'' clip art into my book. In order to assist me with the challenge of coming up with a variety of different ''looks'' for one subject, I view ''clip art'' for ideas.

Micro soft clearly states in their legal contract (I have read it)...Clip art my not be used for images in a book....

What do you think?


Asked on 7/21/07, 6:01 pm

2 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Clip Art use

using art as 'inspiration' is fine, as long as you're not COPYING. There are other ways to copy than just cut/paste. You can sit down and draw freehand from an original, and it could be considered a copy... right?

The legal question of COPYING is whether the alleged copy is 'substantially similar' to the original.

Don't risk it. If you need drawings of a chair... draw a chair, or commission someone else to do so, or license some images from a legitimate licensing agency.

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Answered on 7/23/07, 9:14 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Clip Art use

The safest place to get "clip art" is U.S. Government sites, since government works aren't copyrighted. For example the gubmint publishes official specifications for chairs, hammers, pencils, etc. Try google images [chair site:gsa.gov] and substitute your favorite agency such as nasa.gov or navy.mil or si.org .

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Answered on 7/21/07, 10:07 pm


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