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?
2 Answers from Attorneys
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.
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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