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Using Microsoft's Clipart


4:42 pm on Dec 31, 2004 (gmt 0)

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I have a client that has a brochure they would like to put up on the web.

All of the content in the brochure is original except for some clip art from the Microsoft Gallery found in MS Office products.

Is there any issue in using this clipart on the web?

5:07 pm on Dec 31, 2004 (gmt 0)

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joined:Dec 3, 2004
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Pulled directly from the Microsoft website:

Clip Art

In some instances, Microsoft cannot specifically grant permission for end users to reproduce, redistribute or modify clip art located in our products, because certain clip art may be owned by third parties and licensed to Microsoft. Ownership of the clip art may be cited in the product.

Please refer to the End User License Agreement (EULA) and other product documentation accompanying the Microsoft product to see if your intended use falls within the terms of the agreement. Microsoft will not assist you in making this determination, and special permission to use Microsoft clipart will not be granted to you by the Permissions/Copyright Group.

Important note with respect to use of clip art: Certain clip art contained in Microsoft products should not be commercially redistributed nor used for commercial purposes. In addition, there may be other legal concepts you may need to consider when using copyrighted material (including, but not limited to publicity rights, trademark and logo rights). Microsoft will not assist you in making a determination between commercial or non-commercial use, nor can we provide you with legal advice as to publicity or trademark rights. If you are having difficulty deciding whether your intended use is appropriate, or whether you require written permission, or whether other legal issues should be considered, we strongly encourage you to seek competent legal counsel. If you or your attorney determines you are required by law to obtain copyright permission, you may request permission for reproduction, redistribution, or modification of the clip art through the appropriate owner of the subject materials (as may be cited in the Microsoft product). If, on the other hand, you or your attorney determines it is permissible to proceed and include clip art from a Microsoft product, we do ask that you correctly designate our trademark(s) when referring to our product(s) in the notice or copyright portion of your paper, project, or product. (See [microsoft.com...] for more information on appropriate use of Microsoft trademarks.)

If you are a licensed user of a Microsoft product containing ClipArt Gallery (CAG) Version 3.0 (or greater), please visit the Clip Art & Media on Office Online web site for additional rights under an Addendum to your Microsoft product End User License Agreement (EULA). The additional rights described in the Addendum do not apply to clip art contained in earlier versions of the Microsoft products in the following list, nor do the additional rights necessarily apply to the art as shipped in the Microsoft products that are listed. Rather, the Addendum applies only to the content available for download at Clip Art & Media on Office Online. To be eligible for the additional rights granted under the Addendum, you must possess or acquire a valid license for one of the following products (or a more current version of one of these products):

* MICROSOFT OFFICE 97 (or more current)
* MICROSOFT WORD 95/ version 7.0 (or more current)
* MICROSOFT EXCEL 97/ version 8.0 (or more current)
* MICROSOFT POWERPOINT 97/ version 8.0 (or more current)
* MICROSOFT PUBLISHER 97 (or more current) (see * below)
* MICROSOFT FRONTPAGE 98 (or more current) (including Image Composer)
* MICROSOFT HOME PUBLISHING 99 (or more current)
* MICROSOFT PICTURE IT! 99/ version 3.0 (or more current)
* MICROSOFT PHOTODRAW 2000 (or more current)
* MICROSOFT WORKS v. 4.0 (or more current)

To locate the Addendum (which grants additional rights to clip art and other content located at Clip Art & Media on Office Online), please visit: [office.microsoft.com...] Remember, to be eligible for the additional rights, you must possess or acquire a valid license for one of the products listed above (or a more current version). (If you are using an older version of these Microsoft products, see ** below.) For further information regarding these products or version numbers, or to order a current Microsoft product containing the Microsoft Clip Art Gallery v.3.0 or greater, please contact our Microsoft Sales Line at 1-800-426-9400. If you require assistance interpreting your legal rights under your Microsoft EULA, or the Addendum to the EULA, please obtain advice from your own attorney.

*Added Note regarding Microsoft Publisher (any version):
If your request is with regard to using any version of Microsoft® Publisher and the copyrighted images contained therein, your rights are described in your End User License Agreement (EULA) and in the online Help File. (Search for “Clip Art” or “Legal Restrictions” in the Help File,). For older versions of the product, these rights may be described on the product packaging, and/or contained in other product documentation.

**Added Note regarding clip art from older versions of the Microsoft products listed above:
If you are using an older version of the products listed above, you are not eligible for the additional rights under the Addendum and the additional content located at: [office.microsoft.com...] If you are unable to upgrade to a more current version of one of these Microsoft products at this time, please refer to the following chart to determine your rights for use of clip art contained in those products.

Using Clip Art from Older Version Products
Microsoft Product Name and Version Microsoft Word 95 or earlier
Microsoft Excel 95 or earlier
Microsoft Power Point 95 or earlier
Microsoft PictureIt! v. 1.0
Microsoft Publisher 95 or earlier
Microsoft Image Composer v. 1.0
Microsoft FrontPage 97 or earlier
Microsoft Greetings - any version
Is commercial use okay?

For Microsoft Power Point:
within presentations only.

For Microsoft Publisher:
please see EULA.

For all other products,
commercial use is prohibited.

Microsoft cannot help you determine commercial use. However, commercial use may include but is not limited to:

a) distributing content or derivative works on a stand alone basis or as part of any collection, or as part of any product or service for resale where the primary value of such product or service is the content,

b) transmitting or distributing the content by any broadcast medium such as television or radio,

c) using any of the content related to identifiable individuals or entities implying sponsorship or endorsement,

d) using the content in electronic format, including on-line use.
Is use for a business logo okay? The clip art has not been cleared or approved for use as trademarks or logos in conjunction with any companies’ products or services. Microsoft makes no representation or warranty as to the right of users to utilize the clip art in this manner. If you are considering use of the clip art for this purpose, you should consult a competent attorney as use of some clip art could infringe trademark or other intellectual property rights of third parties.
Is non-commercial/ internal business/ personal use okay? yes
Is there a Microsoft product alternative? [office.microsoft.com...] If you are a licensed user of Microsoft Office and the Clip Gallery, you may use the clip art only posted at this web site under the terms of the End User License Agreement posted on that site.
Remember, to be eligible for the additional rights, you must possess or acquire a valid license for Clip Gallery 3.0 or greater (this may require an upgrade).

**For further assistance, please seek advice from your own copyright attorney.


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