I don't use any clipart, or images from any software programs...
but...if you use clipart from photoshop, printshop, etc (like frames, borders, images, photographs included in their software)......
 
and you put it on your cards and SELL them, isn't this copyright infringement???  
 
I've always been so confused on this (so I just don't use any of that stuff and make my own crap).
 
but, I'm always tempted...
 
VERY CONFUSING, and I've never been able to get an answer about using software clipart, etc.. (I know you can use a lot of software images if you're not using it for commercial use).
 
Does this make sense?
Please Help
- EL  

Hi, El!
 
I think the answer to that question is going to depend on the terms and conditions of the software's use. Copyright law is a very tricky field, so I would say a good rule of thumb is that if you didn't make it yourself, don't sell it commercially.
 
 I believe most clip-art programs prohibit commercial use, too.
 
Always check the terms and conditions of use; that will tell you straight away whether or not you'll be infringing copyright. Usually, personal use is free, but commercial use requires the purchase of a license, which can be very expensive.
 
Corrie
http://www.corrieweb.nl

...and like Corrie said, read the User Conditions.

Hi EL,
 
It's so hard to keep up with all the topics in the forum, but I am reading everything when I have the time, so I am a bit late on giving you my answer to your question, but I hope you can use it somehow.
 
Professional programs like Adobe's Photoshop, Illustrator, Fireworks etc. are pretty expensive to buy, but worth the money though, I couldn't work on anything else, but when you have bought these programs you also have bought license to use the shapes, brushes, patterns etc. what comes with them (the package) to sell on cards, T-Shirts etc.
I surely wouldn't buy them if I couldn't use them for professional purpose.
 
If you download free shapes, brushes etc from anyone else who have made them you need to read their terms of use/rules to make sure you are allowed to use them to sell on cards, T-Shirts etc.
 
You can google for it, but there are many places who offers shapes, brushes, patterns, gradients etc for Photoshop, Paint Shop Pro etc. either for free or for prices running from $6.00 till over $150.00 for the rights to use it on items you can sell on.
 
Those there are cheap you can be sure many people probably have purchased and am using, so they are not unique that way, but does that really matter
And those expensive ones you can be sure not many have bought the license to sell them on, but then you will have to be sure that the image or what it is will be a selling one else the money is wasted.
 
For $150.00 you can buy a license for an image to sell on 100.000 cards, this is just an example.
 
I do not know how Paint Shop Pro's terms are, but in any programs there are at the top menu a "Help" butt in that you can find a manual on the program, when opening this you also will find the "LegalNotices/Terms of Use/Rules" read this, there you'll see what you can and not can do with the program and it's tools/items.
Else, contact the company behind the software and ask them directly, they will gladly answer you.
 
Also are there places where you can get poems, verses etc for free and use it in your cards, just read the terms, there are one huge place where they have in their terms that you can use their writings for free if you are not selling more than 50 cards a week, and who does that really
 
It's true, the best to use is what you make on your own, but many times it's also nice to have the option to use something you have bought or gotten for free to use.
 
I mostly do my own work, but also do I use shapes and brushes from what I have purchased, I don't mind the cost if it's something I find nice and wish to have, so I buy it.
 
And Phrank says it very well too
 
Big Huggs
/Inge

Hi Gail
 
Nope, I don't mind at all sharing this link with you, I think it's a nice gesture of them for those who are not that skilled, remember to read the terms and rules, there are restrictions on some but it's very well described, so just go ahead and dig in
 
http://www.verses4cards.co.uk/
 
Big Huggs
/Inge

You are very welcome Gail
I hope you are able to find anything inspiring there, there are many good tips there too
 
Big Huggs
/Inge

This is a good thread and although I rarely participate in the forum, I figured I should since.....................  I'm an artist.  I PAINT with watercolors, acrylic and oil, I DRAW with charcoal and graphite pencils, I create something from sometimes nothing on programs like ADOBE photoshop, etc... I'm an amateur photographer, and, I also now use clipart.  I buy my software/clipart packages and don't take anything from the internet... having said all of that, the answers lie in the EUA's (End User Agreement)
 
I've contacted a few companies whose software/programs I purchased to get answers to that question - I'm always either referred back to the EUA or after I didn't receive a reply and pushed, I was told by customer service that the EUA is clear, and if not, to contact an attorney to translate it.  Now, you would think these companies would be jumping at the chance to educate the purchasers of their products?      
 
The EUAs that I've read state that you can use the product for commercial use, (they also sell these packages to businesses who use clipart for logos, etc) however... you cannot use any image as a STAND ALONE image and sell it.    For example... if there is a ladybug image, you are not supposed to take that image ALL BY ITSELF and sell it.  That is considered "Stand Alone."  you can use the image if you incorporate it into something... adding text, borders, other images, etc.  Same thing for borders...if you just use the border alone, that's a no-no.  
 
In most EUAs from my purchased sofware, you are not allowed to copy and distribute the sofware commercially or privately.  If you bought it, you own it.    No one is allowed to copy any Adobe software package (just an example) and sell it to others.  There is language about "Third Party" use... not allowed.  If you didn't buy it, you aren't suppose to use it.  If you did buy it, you aren't allowed to make copies and give them away, or sell them.  
 
Nothing I say about the above is the last word, the difinitive answer, etc... so everyone should do their own research and not base their decisions on what I think I know  
 
/lnge, I'm with you, I surely wouldn't buy them if I couldn't use them for professional purposes either.  Doubtful many of these companies would sell as many as they do if people couldn't use them for professional purposes.  BTW, your entire post was great, thank you.
 
Phrank...same goes for your's - great post!  (waving at you since it's been so long!)
 
I'm not here to argue about things like whether or not someone is a "real" artist if they use clipart, etc.  I'm sure there are those who think that way...  I did before I did more than just paint with acrylics.  Sometimes "artists" get their panties in a twist, especially if they only see "art" as "original."  Reminds me of florists... if they don't "grow" their own flowers, they aren't really designers of arrangements?  True, a loose analogy, but it makes my point and that's another issue.      
 
Best,
Donna
 
 
 

First to EL ... your images, drawings and messages are always cheerful and charming, so I'm sure that you don't need to use canned clip-art.  However, there's nothing wrong with using the tools that come in software packages, if--as the others here have said--you have read the EULA and it's clear that you may use their material for commercial products.  As Phrank said, Adobe, Corel and many other illustration software manufactuers allow commercial use of their clip-art, patterns, swatches, etc. for use in designs created by the user for commercial purposes--if not, as Inge said, professional illustrators and designers would have no use for their products.  What you may not do is repackage the artwork included in the software and sell it on stock sites or re-distribute it freely on personal websites.  
 
To Inge ... thank you for sharing the link to www.verses4cards.co.uk.  That's a wonderful resource for card verses, and the parent company, Imag-e-nation also has some nice resources, ideas and tips for scrapbookers and those who design their own hand-made cards.  I checked out the site when I saw your post ... and I got a little concerned when I found an old Irish saying that I thought was public domain.  Having read their free usage proviso, I contacted them to be sure about whether they considered GCU a "purple Ronnie" card company.  
 
I received a very nice reply from Jon Bratton of Imag-e-nation.com who checked out GCU.  He has no problem with GCU artists using selected verses in their cards ... it would only be a problem if someone took the whole library or large sections and used it in manner that competes with Imag-e-nation.  Many of the verses are were written by Jon himself and others are variations of old sayings that have been in the public domain for years.  He said it would be fine to use any that he has written ... he can make no guarantee about the copyright status of those by unknown authors, but he never received any claims of copyright ownership on them in all the years that they have been published on his site.  
 
So, the GOOD NEWS, is that thanks to Inge and Imag-e-nation.com, GCU artists now have a terrific pool of verses for every occasion to use or draw inspiration from.  Thank you, Inge!
 
To Corrie, Donna, Phrank, David, Gail, et al., ...  I agree, it's always best --and safer -- to use your own original material.  But the reality is that when people feel "stuck" or lack confidence, they will sometimes borrow what they *believe* is available to them.  If they know that there are FREE tools and resources that they can draw from -- and hopefully will be inspired to do something new and original with them -- then I think it might help them to better distinguish where the line is concerning the intellectual property rights of other artists, be they GCU or Adobe, Hallmark or AG.
 
Another great resource is for artists is www.GoMedia.com.  They offer vector art packages at very reasonable prices ... there are some stock artists who use their products in all kinds of fabulous ways.  Their products, like Adobe's, are free to use for commercial designs (production, POD, and stock), with the same restriction about re-sale and re-distribution.  Seventy artists can use the exact same brushes or elements in 7,000 different ways, each image being unique and original.  Granted, most designers and stock artists can spot a GoMedia element (or similar product) a mile away, but I've seen beginners who started out using GM tools develop into outstanding artists.  If they have any real chops for the business, they will soon tire of using clip-art and canned-art in various ways ... that's when they dig down deeper and find the "real" and truly original artist within themselves.  
 
These products are tools--like brushes, paints, or stencils--and if they are used as aids within the legitimate terms of use by their manufacturers, then I would rather see folks use them and develop their talents and skills, and confidence in this manner than in other ways.  Once they begin creating work that is uniquely their own, they will simultaneiously develop respect for the work of others as well.  
 
Again, thanks to Inge and EL, and everyone else for the helpful resources, information, and discussion on this topic!    
 
Teri