Example of CD clipart license

John Koloen asked about the use of "a CD of clipart" by a state agency. Could any worker at the agency make use of the images on the disk?

Short answer is likely, "it depends."

The group in which I work has acquired several disks of photographic images from PhotoDisc (http://www.photodisc.com/). We use the images in proposals, presentations, and on web pages.

Here are sections from the "Image License Agreement" that accompanied one of our disks -- not a sampler disk (which has different language in its license), but rather a "volume" of some 300 images. I'm including them (a) to show Mr. Koloen the conditions under which we share the images, and (b) to wonder out loud, purely from theoretical interest, about the enforceability of such an agreement. Not that for a second I would consider not honoring it.

"By breaking the CD-ROM seal or downloading an image and/or
software from our website you agree to be bound by the terms of this agreement..."

"PhotoDisc grants to you, and your employer if you are licensing on
behalf of your employer, a nonexclusive, nonsublicensable right to use any software...and each PhotoDisc image and any derivatives or copies thereof...on your personal computer. The images, software and disc may be shared by creating a disk library, image storage jukebox, network configuration or similar arrangement as long as no more than 10 individuals (including you) employed by the same entity have access to the images, software, or disk. (Please note that this is not a simultaneous user license. This means that you may not have more that 10 specific people access the images, software or disc even if only 10 people are accessing any of them at any particular time.)..."

"...Each image may be used on a worldwide perpetual basis as a part
of..." [advertising, promotional materials, online systems, broadcasting, web pages, etc., etc.]

This posting is not intended as training material; your reading it does not constitute a training session.

Dave Ferguson, Sales & Technical Training GE Information Services
401 N. Washington St., MNC 3A
Rockville MD 20850
....my opinions, not GE's...
<david.ferguson[_at_]geis.ge.com> Received on Thu Jul 30 1998 - 18:11:32 GMT