Posts
1
Questions
1
I had used a picture from cliparts.co which said it was free to use, as my profile picture on twitter and on my website, just as a filler really until I can create my own logo.
They have no right to call you out like that. While their intentions may not be scammy, it is borderline. The other niche owner may want to put you back to level the competitive field. Using the free version is the safest method.
Thank you so much for your advice - I do think you're probably right, it just worried me a little bit so it's so good to have a community like this to help put my mind at ease!
Thanks again,
Sarah
Google "free clipart" and you'll find lots of clipart that is "free" and not "free with strings attached."
Sound like a bunch of chancers to me.....
If the clipart's not theirs they got no right to charge you for using it....
And if they're using it for "commercial purposes" they're violating Cliparts .co's T+Cs themselves. (Clippies made up their own license.)
"Permission is granted to temporarily download one copy of the materials (information or software) on Cliparts. co's web site for personal, non-commercial transitory viewing only."
Thanks so much for your comments and help, that's what I thought too but it really threw me for a second. If they come back to me again I'll let them know the above quote and will find myself some better pictures elsewhere!
Thanks again
Sarah
See more comments
Free clipart pictures - a limit on where they can be used?
I had used a picture from cliparts.co which said it was free to use, as my profile picture on twitter and on my website, just as a filler really until I can create my own logo.
As a commercial artist who has been in the position of having my artwork shared on "free clipart" sites, I have a different take on this than the other responses you've received.
The first thing I advise you to find out is, is the company that called you out the *actual* copyright owner of the clipart you used? It is frequently -- sickeningly so -- the case that an artist's work gets posted to these sites without their permission. If that is the case, then yes, they actually do have the legal right to call you out *and* bill you for use of their work, whether or not you earned any money yet. That is their right per Copyright law.
If this company is *not* the copyright holder, or a legally appointed representative of said holder, but the site that you downloaded the image from *is*, then you are in the clear, provided that the terms of use for the image state that it is OK to use it for commercial purposes.
A third possibility is that neither company is the copyright holder, in which case you should take the image down, because you are then still breaking copyright law.
The important thing to keep in mind is that just because something is shared for "free" on the Internet doesn't mean that it should have been, or that it is free from use restrictions. It is important to check things out carefully before you download an image, and it is very easy to do. Many artists, digital artists in particular, have really started policing the Internet in the last couple of years to start making sure copyright laws get enforced. They will contact you, bill you, and if necessary, hire a lawyer to sue you. That artwork is their livelihood, and when it gets shared without their permission, they lose the income that they need to support themselves. The law is on their side.
Thanks so much for your insight into this, I had no idea about most of that so it's really helpful and it's sad to hear that clipart sites do this with people's work. I have taken the image down completely now anyway and I'll try and find out just exactly who the image belongs to and who it was created by, and will make sure to do the same with any others I post!
I can imagine it is really frustrating to have your work used by others with no type of compensation so I can understand the other websites frustration at me using this picture if it is in fact theirs, but I have directed them to the cliparts page it's on as well so they can make a claim against them if they want to and I haven't heard anything since so I'm not sure exactly what that means they have chosen to do.
I'll definitely be more careful with the pictures I choose in future anyway and will bear all of the above in mind.
Thanks for your comment,
Sarah
You're welcome to check out the site for yourself to decide if they're posting other peoples' work without their permission. (I didn't examine it in much detail - it's no use to me if I may only glance at their "clipart" transitorily and not use it for those nefarious immoral highly suspect "commercial purposes.")
And if, as a commercial artist, you want to protect your copyright - then watermark your work so that people like me (who don't have an own artistic cell and need the largesse of less "commercial" artists to get by) can know immediately whether something is available for use or not.
The idea that I must spend HOURS trying to track down your copyright because you couldn't be bothered simply beggars belief. You wouldn't leave your wallet lying open on a park bench and expect to come back to it a month later and find it intact - yet you toss your work unmarked and unprotected into the Public Domain when it's a well known fact that at least half the people alive would steal your wallet if they thought they had a chance of getting away with it.
Yes, the law's on "your side" because that law's made to protect the likes of Disney - who once sued a family for singing Happy Birthday to their child in a restaurant.
So do I have any sympathy for "your legal copyright?" No. Not after spending two days tracking down ownership of images! If I hang an original Van Gogh on my living wall, the onus is on ME to provide the security that protects MY PROPERTY ----- and NOT on the visitors who come round for tea!
You folk should register your work with a central database if you want to protect it! One we can access and get a reply: "Yes, No, With conditions," quickly and simply. I don't know why you don't 'cos the only people who make money outa suing for copyright infringement are Big Boys.
I attempted to provide the other side of the story to her question so that she understands what the law is regarding this issue, why she may have been contacted, and how she can protect herself (not any artist) from future incidents like this. I'm not sure why you are so upset at me, but I find your response to be abusive.
CateR is clearly upset with me, and I find her response abusive. I apologize if presenting the artist/legal side of things is not wanted here. My intent was only to help. I will stay off this thread now, but wish you luck.
ME4THEWIN : if it is any consolation i found your comment to be very inforamative and important for us newbies to know and i am very grateful for your input and I WILL be checking out things like this in the future..... so thank you for your input xoxox to you and yours.
HI there T1967, no problem, thanks for the comment. Oh no I haven't tried Fiver, I'll take a look, thanks so much for the tip! I haven't heard anything further from the other website and have changed all of the pictures so hopefully that's the end of it, and I'll just make sure I'm more careful in future. Best wishes to you!
Don't be silly - Cater isn't "upset with you."
Cater just finds the situation ridiculous.
And if you find my getting my (strong) point across "abusive" then ... sorry. But it wasn't directed at you - it was directed at the situation.
Seriously now. Would you leave your wallet lying on a park bench for months and then be surprised when you came back and found it ----- had wandered off to a new home?
Mark you stuff - so that we know that it's yours. So we know who to attribute. And when to use it or not. Still think you should register your stuff with a central database. That way - when I find 23,000 copies of it on Tineye and the one with the earliest date is that d/base ... I know upfront - leave it alone - it ain't there for free use.
I respect copyright. Just think there's a responsibility on the owner to protect his copyright. After, all - it IS his. (Or hers as in your case.)
Thank you very much Sarah :-)) and maybe you can let me know what you think of fiver if you decide to use them.......
Glad you have it under control now...it is never nice when things like this happen :-)) but you go girl :-))
ALso you may want to have a look at this video by JAY, he gives some GREAT tips about pics and vids etc and how to make stuff your own....for example if you take a photo with your phone of a pic in a mag you can use it on your site no probs as it is now your s.....
:-)) here is the link in case you have not seen it..... Wordpress: Images, Video & Media Management let me know what you think will you :-))
you can find more of his video and links at Attention All newbies should have these links - PART 1 too ;-)) xox to you and yours
"for example if you take a photo with your phone of a pic in a mag you can use it on your site no probs as it is now your s.."
....??
You sure about that?
Where did Copyright go?
Everything in a magazine is copyright - simply by virtue of the fact it's printed there.... and nobody loses their right to their copyright just because you 'n I have a phone..... that sounds fishy......
------------------
Haaah.... Oh..... aren't you just the most beautiful person in the world!
V-big thankyou's for that second link - YOU ARE THE SHINIEST STAR in the universe!
LOL LOL If you
Ask Jay or Kyle, it is there info and if you watch the video in the link i provided you may get the answer :-))
I thought of doing that but it's an hour long!
So I saved it to my "Watch later" file - with all those others you were kind enough to direct my way......
But in all seriousness - I can't see how taking a picture of a picture means the copyright switches from the original owner to you.....
Think about it - you go to the movie to watch the newest Batman - film it with your phone - and now YOU own the copyright to Christian Bale's latest antics? Yah sure. LOL
LOL...your analogies are great honey, but you will have to ask for the exact legal definitions and breakdowns from someone like JAY or KYLE as i am only following what they have told us......I can only suggest that you take the time to watch the video....you can fast forward to the bit about the pics and end it when that bit is over thereby cutting the watch time down :-))
xoxo to you and yours
Look at this this way....
You can mess with the copyright when it's the little guys 'cos there's really not much they can do about it.
But if you mess with the Big Boys --- well, they're waiting for you.
They look like this:
http://www.kittenswhiskers.com/wp-content/uploads/sites/48/2014/09/shark-kitty.jpg
Enjoy ;-)
still you are better sending it to JAY or KYLE if you want an indepth detailed answer hun..... :-)) i dont think they would give us DUD info.....DO YOU ???????
:-)) Yes... it is unlikely. VERY unlikely that Kyle and Jay don't know what they're doing or telling us. ...More unlikely than snow in an equatorial jungle on a hot summer's day I'd say.
So let's think about "pulling it up onto your screen and being free to use it - 'cos it's on your screen it's yours."
That means - if I can pull up an image of anything on the internet onto my screen and use it as I please because it becomes mine once it's on my screen - then I can do the same .... with anything on your site - and with some fancy expensive photographer's too.
But if you make, create or write something, regardless of where you display it - you automatically own the copyright to it. (Unless of course your employment contract says your employer does.)
If I then use virtual scissors to cut it out doesn't mean you no longer own Your All Rights Reserved Copyright or that you now share that copyright with me, (it means I swiped your stuff.)
Now we might get by with Fair Play if say, we display the different methods and features offered by different products in an article on say .... "Comparing Different SEO or Standing Mixers Features" but that's not quite the same as using someone's screenshot restricted-use clipart to promote a product we are informing people about - and Oh BTW happen to be selling too - is it?
"On your screen" is not a license to use something - it's limited by copyright. So I'm not questioning what "Jay and Kyle said." (Can't - I didn't hear them say it.) But I am questioning the interpretation of what people say they said.
;-)
About what?
I haven't heard them say that whatever's on your screen is yours to use regardless of any copyright restriction. I don't have a problem with people owning their own copyright - only with trying to find out who owns it and if it I can use it.
...And with sites that googled "free images" and the first thing you see when you open them is a shopping basket in the upper right hand corner!
They have no right to call you out like that. While their intentions may not be scammy, it is borderline. The other niche owner may want to put you back to level the competitive field. Using the free version is the safest method.
Thank you so much for your advice - I do think you're probably right, it just worried me a little bit so it's so good to have a community like this to help put my mind at ease!
Thanks again,
Sarah
Google "free clipart" and you'll find lots of clipart that is "free" and not "free with strings attached."
Sound like a bunch of chancers to me.....
If the clipart's not theirs they got no right to charge you for using it....
And if they're using it for "commercial purposes" they're violating Cliparts .co's T+Cs themselves. (Clippies made up their own license.)
"Permission is granted to temporarily download one copy of the materials (information or software) on Cliparts. co's web site for personal, non-commercial transitory viewing only."
Thanks so much for your comments and help, that's what I thought too but it really threw me for a second. If they come back to me again I'll let them know the above quote and will find myself some better pictures elsewhere!
Thanks again
Sarah
See more comments
As a commercial artist who has been in the position of having my artwork shared on "free clipart" sites, I have a different take on this than the other responses you've received.
The first thing I advise you to find out is, is the company that called you out the *actual* copyright owner of the clipart you used? It is frequently -- sickeningly so -- the case that an artist's work gets posted to these sites without their permission. If that is the case, then yes, they actually do have the legal right to call you out *and* bill you for use of their work, whether or not you earned any money yet. That is their right per Copyright law.
If this company is *not* the copyright holder, or a legally appointed representative of said holder, but the site that you downloaded the image from *is*, then you are in the clear, provided that the terms of use for the image state that it is OK to use it for commercial purposes.
A third possibility is that neither company is the copyright holder, in which case you should take the image down, because you are then still breaking copyright law.
The important thing to keep in mind is that just because something is shared for "free" on the Internet doesn't mean that it should have been, or that it is free from use restrictions. It is important to check things out carefully before you download an image, and it is very easy to do. Many artists, digital artists in particular, have really started policing the Internet in the last couple of years to start making sure copyright laws get enforced. They will contact you, bill you, and if necessary, hire a lawyer to sue you. That artwork is their livelihood, and when it gets shared without their permission, they lose the income that they need to support themselves. The law is on their side.
Thanks so much for your insight into this, I had no idea about most of that so it's really helpful and it's sad to hear that clipart sites do this with people's work. I have taken the image down completely now anyway and I'll try and find out just exactly who the image belongs to and who it was created by, and will make sure to do the same with any others I post!
I can imagine it is really frustrating to have your work used by others with no type of compensation so I can understand the other websites frustration at me using this picture if it is in fact theirs, but I have directed them to the cliparts page it's on as well so they can make a claim against them if they want to and I haven't heard anything since so I'm not sure exactly what that means they have chosen to do.
I'll definitely be more careful with the pictures I choose in future anyway and will bear all of the above in mind.
Thanks for your comment,
Sarah
You're welcome to check out the site for yourself to decide if they're posting other peoples' work without their permission. (I didn't examine it in much detail - it's no use to me if I may only glance at their "clipart" transitorily and not use it for those nefarious immoral highly suspect "commercial purposes.")
And if, as a commercial artist, you want to protect your copyright - then watermark your work so that people like me (who don't have an own artistic cell and need the largesse of less "commercial" artists to get by) can know immediately whether something is available for use or not.
The idea that I must spend HOURS trying to track down your copyright because you couldn't be bothered simply beggars belief. You wouldn't leave your wallet lying open on a park bench and expect to come back to it a month later and find it intact - yet you toss your work unmarked and unprotected into the Public Domain when it's a well known fact that at least half the people alive would steal your wallet if they thought they had a chance of getting away with it.
Yes, the law's on "your side" because that law's made to protect the likes of Disney - who once sued a family for singing Happy Birthday to their child in a restaurant.
So do I have any sympathy for "your legal copyright?" No. Not after spending two days tracking down ownership of images! If I hang an original Van Gogh on my living wall, the onus is on ME to provide the security that protects MY PROPERTY ----- and NOT on the visitors who come round for tea!
You folk should register your work with a central database if you want to protect it! One we can access and get a reply: "Yes, No, With conditions," quickly and simply. I don't know why you don't 'cos the only people who make money outa suing for copyright infringement are Big Boys.
wow Sarah, useful info...thanks for that :-)) hope you get sorted with a new one ....have you tried FIVER.COM for a logo...i havent used it but a lot of people have :-)) Keep us posted will you xoxo to you and yours
I attempted to provide the other side of the story to her question so that she understands what the law is regarding this issue, why she may have been contacted, and how she can protect herself (not any artist) from future incidents like this. I'm not sure why you are so upset at me, but I find your response to be abusive.
ME4thWin : what do you mean......who is upset with you? who's response is abusive?
CateR is clearly upset with me, and I find her response abusive. I apologize if presenting the artist/legal side of things is not wanted here. My intent was only to help. I will stay off this thread now, but wish you luck.
ME4THEWIN : if it is any consolation i found your comment to be very inforamative and important for us newbies to know and i am very grateful for your input and I WILL be checking out things like this in the future..... so thank you for your input xoxox to you and yours.
HI there T1967, no problem, thanks for the comment. Oh no I haven't tried Fiver, I'll take a look, thanks so much for the tip! I haven't heard anything further from the other website and have changed all of the pictures so hopefully that's the end of it, and I'll just make sure I'm more careful in future. Best wishes to you!
Don't be silly - Cater isn't "upset with you."
Cater just finds the situation ridiculous.
And if you find my getting my (strong) point across "abusive" then ... sorry. But it wasn't directed at you - it was directed at the situation.
Seriously now. Would you leave your wallet lying on a park bench for months and then be surprised when you came back and found it ----- had wandered off to a new home?
Mark you stuff - so that we know that it's yours. So we know who to attribute. And when to use it or not. Still think you should register your stuff with a central database. That way - when I find 23,000 copies of it on Tineye and the one with the earliest date is that d/base ... I know upfront - leave it alone - it ain't there for free use.
I respect copyright. Just think there's a responsibility on the owner to protect his copyright. After, all - it IS his. (Or hers as in your case.)
Thank you very much Sarah :-)) and maybe you can let me know what you think of fiver if you decide to use them.......
Glad you have it under control now...it is never nice when things like this happen :-)) but you go girl :-))
ALso you may want to have a look at this video by JAY, he gives some GREAT tips about pics and vids etc and how to make stuff your own....for example if you take a photo with your phone of a pic in a mag you can use it on your site no probs as it is now your s.....
:-)) here is the link in case you have not seen it..... Wordpress: Images, Video & Media Management let me know what you think will you :-))
you can find more of his video and links at Attention All newbies should have these links - PART 1 too ;-)) xox to you and yours
"for example if you take a photo with your phone of a pic in a mag you can use it on your site no probs as it is now your s.."
....??
You sure about that?
Where did Copyright go?
Everything in a magazine is copyright - simply by virtue of the fact it's printed there.... and nobody loses their right to their copyright just because you 'n I have a phone..... that sounds fishy......
------------------
Haaah.... Oh..... aren't you just the most beautiful person in the world!
V-big thankyou's for that second link - YOU ARE THE SHINIEST STAR in the universe!
LOL LOL If you
Ask Jay or Kyle, it is there info and if you watch the video in the link i provided you may get the answer :-))
I thought of doing that but it's an hour long!
So I saved it to my "Watch later" file - with all those others you were kind enough to direct my way......
But in all seriousness - I can't see how taking a picture of a picture means the copyright switches from the original owner to you.....
Think about it - you go to the movie to watch the newest Batman - film it with your phone - and now YOU own the copyright to Christian Bale's latest antics? Yah sure. LOL
LOL...your analogies are great honey, but you will have to ask for the exact legal definitions and breakdowns from someone like JAY or KYLE as i am only following what they have told us......I can only suggest that you take the time to watch the video....you can fast forward to the bit about the pics and end it when that bit is over thereby cutting the watch time down :-))
xoxo to you and yours
Look at this this way....
You can mess with the copyright when it's the little guys 'cos there's really not much they can do about it.
But if you mess with the Big Boys --- well, they're waiting for you.
They look like this:
http://www.kittenswhiskers.com/wp-content/uploads/sites/48/2014/09/shark-kitty.jpg
Enjoy ;-)
still you are better sending it to JAY or KYLE if you want an indepth detailed answer hun..... :-)) i dont think they would give us DUD info.....DO YOU ???????
:-)) Yes... it is unlikely. VERY unlikely that Kyle and Jay don't know what they're doing or telling us. ...More unlikely than snow in an equatorial jungle on a hot summer's day I'd say.
So let's think about "pulling it up onto your screen and being free to use it - 'cos it's on your screen it's yours."
That means - if I can pull up an image of anything on the internet onto my screen and use it as I please because it becomes mine once it's on my screen - then I can do the same .... with anything on your site - and with some fancy expensive photographer's too.
But if you make, create or write something, regardless of where you display it - you automatically own the copyright to it. (Unless of course your employment contract says your employer does.)
If I then use virtual scissors to cut it out doesn't mean you no longer own Your All Rights Reserved Copyright or that you now share that copyright with me, (it means I swiped your stuff.)
Now we might get by with Fair Play if say, we display the different methods and features offered by different products in an article on say .... "Comparing Different SEO or Standing Mixers Features" but that's not quite the same as using someone's screenshot restricted-use clipart to promote a product we are informing people about - and Oh BTW happen to be selling too - is it?
"On your screen" is not a license to use something - it's limited by copyright. So I'm not questioning what "Jay and Kyle said." (Can't - I didn't hear them say it.) But I am questioning the interpretation of what people say they said.
;-)
Please can you talk to Jay or Kyle . :-))
About what?
I haven't heard them say that whatever's on your screen is yours to use regardless of any copyright restriction. I don't have a problem with people owning their own copyright - only with trying to find out who owns it and if it I can use it.
...And with sites that googled "free images" and the first thing you see when you open them is a shopping basket in the upper right hand corner!