T4U

Hello,

I was about to buy one of the Art Explosion sets when I read an article that said the EULA was unclear as to the use of contents for resale purpose. Anyone know if we can use any of the Nova Development clipart for designing t-shirts for resale? Thanks!

Randy

 

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T4U

Okay, I'll add some more. I've read the EULA and still am not clear on what permission a user is granted. I emailed Nova Development support to explain this and ask them directly if their clipart could be used on t-shirts for resale. They responded with this:


"Thank you for contacting Customer Service.

Thank you for your recent permissions inquiry.

Because of the detailed nature of these types of requests, we are unfortunately unable to address your specific concern. Please refer to Nova’s End User License Agreement for more details. The end-user-license agreement is located either in your software user manual or in PDF format on your product installer disk.


This document should help you to clarify whether or not your intended use is in compliance with the rights granted under the License. If, after reviewing the License, you are still uncertain as to your rights, we recommend that you seek the advice of your own attorney or legal counsel.
Thanks again for your inquiry, and for your support of Nova Development "

LOL

I'm still confused. Anyway, here's what the EULA says about content:

"5. Use of Content. You may use the clip art and all other content
("Content") included in the Software only to create presentations,
publications, pages for the World Wide Web and Intranets, and products
(collectively, "Works"). You may not use the Content for any other
purpose whatsoever. For example and without limitation, you may not:
(i) permit any third party to use any Content unless it is used in a
Work; (ii) sell or distribute (commercially or otherwise) the Content
as stand-alone images or clip art, or in graphics catalogs, design
books, compilations, collections, templates, designs, stock engravings
or the like; or (iii) distribute or make available electronic copies of
the Content to third parties in any manner, including without
limitation, via the Internet, on any tangible media or by broadcast,
that is intended or designed to enable a third party to copy the
Content for its own use."


Okay, If I'm reading this correctly, it doesn't sound like the clipart is royalty free or that you have any permission to use it in resale items such as t-shirts. What do you think?

Thanks.

Randy

 

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maiasaura

I _think_ it is saying you can use it in web pages, slide-shows and PRODUCTS, but you may not resell the images to anyone else. Now, what they call a product and what we call a product might be different, but it sounds like: If you bought this clip art compilation you can use the images on stuff but not resell them.

 

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T4U

Yeah, their definition of "product" would help...wouldn't it? The part that I "think" may really make the case for not using it on t-shirts for resale is the word "designs" In this section:
(ii) sell or distribute (commercially or otherwise) the Content
as stand-alone images or clip art, or in graphics catalogs, design
books, compilations, collections, templates, designs, stock engravings
or the like;

But, it really isn't clear to me and since the company that produces it can't give me an answer, then I'll probably not buy it (even though I want to). The world is just too complicated...

 

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kimura-mma

Just my opinion on this...
You can use the clip art as elements within your own creative and original design. But when you copy and paste an exact piece of clip art, print it on a shirt and sell it, is where you get into the legal issues. Personally, if you are doing this, you probably have creative issues too. So go ahead and buy it, just use it as a resource, not as a graphic designer.

__________________
A Brand With No Name : Ready Made T-shirt Designs

 

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