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  1. #1
    ichi ni san..... ichiokada's Avatar
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    Clipart usage rule for contest forum?

    If it is possible please consider this rule for the contest forum:

    "Do not use clipart in your logo designs. All entries should be your own unique creation. "

    There is no rule stating about clipart usage in logo contest, I think this rule should be stated to avoid any grey area.

    any suggestions or ideas from other designers?
    ichi

    IchiStudio Graphic Design
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  2. #2
    SitePoint Guru TurtleX's Avatar
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    I agree. All logos should be 100% clipart free. I think all contest holders would like to copyright their fresh new logo and using clipart makes that impossible.

  3. #3
    Non-Member phacker's Avatar
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    It's not good practice, but usually contest holders that are savy usually have stipulated to that in their openning briefs. Some really don't care. That's been my experience. And since they are making the purchase, it really is up to them.

  4. #4
    logologologooooo kosta's Avatar
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    I agree with you, Ichi.

  5. #5
    Caveat surfer Buddy Bradley's Avatar
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    Quote Originally Posted by ichiokada
    "Do not use clipart in your logo designs. All entries should be your own unique creation. "
    Those two statements are not necessarily synonymous. Or do you consider an entry that uses any previously created elements, no matter how small, to be non-original?

  6. #6
    Night Elf silver trophybronze trophy Varelse's Avatar
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    That's not 100% that if a contest holder doesn't care about using the clipart, designers are free to do it.

    We have a rule:

    All entries must be your own work! (Google Images is NOT a source for free stock photography) Ripping and/or stealing copyrighted material of any sort will not be tolerated.
    And why is it so oftenly broken in case of cliparts? Using such a clipart in logo design will cause copyright issues much more troublesome for a clipart-logo owner.

    Terms Of Use of the website which cliparts were most oftenly used in "logo" designs state it clearly:

    Prohibited Uses: You may NOT

    - Sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s).

    (...)

    - Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. >XXXCompany< retains the full rights to the Image(s), and therefore you cannot establish your own rights
    So if such a clipart (or stolen logo) is used for a "logo" design, it puts its owner in serious legal troubles - ‘cease and desist’ order will not only ask for not using the "logo" but also demand that all the collateral materials with it should be destroyed and anything that had been sold that featured this "logo", has to be accounted for. Thousands of dollars? Yes.

    This is a serious problem and shouldn't be underestimated with such ease.
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  7. #7
    Non-Member phacker's Avatar
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    And an issue that has come up recently that one of the designers is passing off TemplateMonster's icons as their own will certainly get both the designer and client in hot water as the Terms of Use at TM state this:

    You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
    But I remember in the case of a particular dog contest where the designer fessed up to using a piece purchased off iStock, and it was a graphic not a photograph. The contest holder had no problem with that.

    But Template Monster stuff is a whole different ball of wax.

  8. #8
    ichi ni san..... ichiokada's Avatar
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    Wow nice inputs guys! Maybe if we pass this along more designers we can come up with a collaborate , more clear rule about the usage of cliparts!

    Those two statements are not necessarily synonymous. Or do you consider an entry that uses any previously created elements, no matter how small, to be non-original?
    This rule was actually borrowed from designoutpost, although we shouldn't compare SP to D.O, I believe if we run similar rules, the contest entries could be as "clean" as theirs.

    It would be nice if we can come up with a solid rule, so no designers gets confused. I believe in the old contest Rule thread, Sarah said she had thought about this rule but wasn't sure how/what exactly she should put that in word to make it clear.
    http://www.sitepoint.com/forums/show...9&postcount=52

    Right now, the mods do not really care? when a person uses cliparts or copy ideas from somewhere. It would be nice to see some tighter rules or adminstrations.
    Last edited by ichiokada; Jul 15, 2005 at 11:37.
    ichi

    IchiStudio Graphic Design
    IchiStudio :: IchiStudio Portfolio

  9. #9
    The son of Love and Death silver trophy DraganB's Avatar
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    In my opinion, the using of cliparts may not be illegal, but they are morally wrong. I believe that breaking moral rules is much worse that breaking any law.

    Dragan
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  10. #10
    Night Elf silver trophybronze trophy Varelse's Avatar
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    Quote Originally Posted by draganb
    In my opinion, the using of cliparts may not be illegal, but they are morally wrong. I believe that breaking moral rules is much worse that breaking any law.

    Dragan
    Dragan, using of the cliparts for logo design IS illegal - check the Terms Of Use I had quoted. It is the same situation as with photos taken from Google search.

    The bad thing is that clipart use in logo design and the legal issues connected with it, are not so well understood, while they may result in very serious (also financially) consequences.

    What's the difference beetwen stealing the copyrighted photo and using the clipart in a way clearly defined as not acceptable and infringing the copyrigths? Legal consequences may be the same, so it is something wrong not only in moral sense, but strictly legal too.
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  11. #11
    SitePoint Member MTAnn's Avatar
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    Clip Art in a Contractual Agreement

    As a contest holder I was invited to give my comment on this issue. I had not thought that any designer would use anything that would put me in jeopardy...legally so I never looked for such things but now..... I shudder to think of the consequeces that I might have had if I had accepted a design that would cause me any unforseen future trouble. Actually, I think that if clip art is used it should be revealed to the contest holder so that they can determine for themselves but to slip one in secretly, how would we know? I would NOT want to be sued thus no clip art for me!

    Ann

  12. #12
    ichi ni san..... ichiokada's Avatar
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    Thanks Ann! for being the first contest holder to give her perspective of clipart usage, your input is extremely valuable to us hopefully some stricter rules can put off those who used cliparts.
    ichi

    IchiStudio Graphic Design
    IchiStudio :: IchiStudio Portfolio

  13. #13
    is not my name biggdesign's Avatar
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    Clipart. Thats a big word there. Well not really if you know the black and whites.
    Read the fine prints. It is lawfully wrong to reproduce/duplicate/re-duplicate. It is ethically wrong to use them in your 'original' designs. It is technically wrong to include them and sell it to clients.

    That being said, cliparts like those provided in Micro$oft range of office programs are somewhat fine/ok to use. When i say fine, i don't encourage it. But hey, which client would want a design with powerpoint cliparts in them. Unless its a small project say..a school newsletter or something.

    I end this with no, google image is not a stock photog resource.

    Phew.
    stay hungry, stay foolish.

  14. #14
    blonde.... Sarah's Avatar
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    Quote Originally Posted by ichiokada
    Right now, the mods do not really care? when a person uses cliparts or copy ideas from somewhere. It would be nice to see some tighter rules or adminstrations.
    The guidelines clearly state no attacking other members - that statement is attacking me and the work the staff do on this forum. Please why can't you learn that insulting us will only get a thread locked!
    Regular user


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