On 7/27/98, John Koloen <john.koloen[_at_]tdh.state.tx.us> wrote:
>
> I have a question about the use of copyrighted material by a state
> agency. When we purchase a CD of clipart, in the name of the agency,
> the assumption is that the right to use the material belongs to the
> agency. Does this mean that anyone within the agency has the right
> to use this clipart? For example, can worker "A" use it on a poster
> and worker "B" use it on a brochure? Thanks.
What a fun question. I should use it on an exam.
When you purchase a CD of clipart, the seller probabaly asserts that you have not purchased it, but have licensed it -- look on the packaging or in even in the installation screens for a so-called "shrink wrap" license setting out the terms of the license. They may well restrict the kind of use you are contemplating.
Having said that, you should know that the majority of courts have found such licenses to be unenforceable, the notable exception being the 7th Circuit. So beware if you live in the 7th Circuit. There is also a trial court holding in California indicating that shrinkwraps might be enforceable (that is, that a lawsuit for breach of a shrinkwrap could state a claim for a legally recognizable wrong).
And, having said that, that it appears under present law the states cannot be sued for copyright damages due to the 11th Amendment. So you may have little or no liability for unauthorized use of the clipart. The copyright owner may be able to get an injunction to prevent infringing use, but probably could not recover money damages.
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:31 GMT