Legal Question in Intellectual Property in New York

Question about compliance with user license for electronic images

I am desperately trying to find out if images from the product I bought (clipart/photo collection on cd) can be used for my business. The company gets too many questions and told me to get legal counsel elsewhere. What I want to do is use the photos from their image collection to make designs that will be printed out as labels. I want to sell these ''templates'', which are completed designs, on CD, along with a manual I wrote. My customers will add their text to the design which otherwise cannot be modified, and print it out as a label. They will either keep or distribute this completed product.

Here is what the license agreement for the image collection mentions:

You may modify, publish and distribute the clip art, photographs and other content in print; create presentations which incorporate the images; and use the images in developing pages for the World Wide Web and Intranet systems; all provided you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means, including without limitation distributing the images on disk or CD-ROM. In no case may the files or printed images be rented, lent or sublicensed.


Asked on 3/18/02, 4:43 pm

1 Answer from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Question about compliance with user license for electronic images

Going on just the information you provided, it�s my opinion that your intended use of the clipart/photo collection (the �Artwork�) for your business is prohibited by the license agreement. The specific language that prohibits such use is �.... you are not marketing any of these works as clip art, photographs or other content. In no case may you distribute any of the files in the Software by any other electronic means,

including without limitation distributing the images on disk or CD-ROM. In no case may the files or printed images be rented, lent or sublicensed.�

The company that owns the Artwork (the �Owner�) is giving you a limited license to use the Artwork: you may �modify, publish and distribute� the work for presentations and for Internet and Intranet systems. But this limited license does not allow you to market the Artwork itself or use/distribute the Artwork itself on

software or CD-ROM. (Please realize without the entire contract to read, I am making certain assumptions about this contract/license.) Remember, the Owner wants to sell the Artwork itself � they don�t want you selling the Artwork (which is why they have the language that prohibits you to rent, lease or sublicense the

Artwork). One way to think of it is that you and the Owner are vying for the same customer � you both are trying to sell them the same Artwork.

However, you can always write the Owner (address the letter to the President and the General Counsel � that always seems to get a response) advising them of how you intend to use the Artwork and asking for their permission.

Good luck with your business endeavors.

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Answered on 3/29/02, 10:41 pm


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