Re: Use of copyrighted materials by state agency

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.

I'm not a lawyer, but this seems pretty easy to me if you just look at the license agreement the state received (and maybe even signed?). Having used clipart, I have never seen a license agreement that restricted the use of it to a single use. Assuming that your license agreement has no such restrictions, then the answer to the part of your question of whether it can be used on both a poster and a brochure is yes.

The trickier part of your question is whether or not both worker "A" and worker "B" can use it. Again, consult your license agreement. Did the state receive a network or multiple user license that allows the software and art to be used by more than one person simultaneously? This is the part of the license agreement that you need to be careful to be complying with. If you don't have a network or multiple user license, then you should be sure that the use by both workers A & B complied with the license, either because they each accessed the clipart from the same computer at different times or because the software and art were not installed on both of their computers at the same time.

This does not seem like a trick question to me.

Lynn Levine
<lynnlevine[_at_]aol.com> Received on Fri Jul 31 1998 - 14:46:06 GMT