Re: Use of copyrighted materials by state agency

Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> 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).

But if (actually, probably when) UCC2B comes into effect shrinkwrap licenses take on the force of contract, so I would make those brochures now.

-- 
S. Warwick
swarwick[_at_]sprynet.com