Using Clip Art on Resale Products

One of the most common copyright questions that designers ask is a variation on "Can I use the clip art in this package to make greeting cards or t-shirts for sale?" Unfortunately, the answer is usually no. Or, at least it is no, unless you obtain additional usage rights from the publisher in order to use their clip art on resale products. There are exceptions.

Most companies have a few standard restrictions on the use of their clip art. Some of the most common are:

• No resell or sharing. This means you can't just package up some of the clip art from the CD you bought and sell it or give it away to others.

• No obscene graphics. Most clip art publishers prohibit the use of their images to create pornographic, scandalous, or defamatory works.

• No use of famous people for commercial purposes. To use images of Marilyn Monroe or Vanna White, for example, for profit usually requires specific permission from that person or their estate.

Normally, the use of clip art images in ads, brochures, and newsletters is covered in the license agreement. However, some companies do impose certain limits. For example, ClipArt.com states that the user is not permitted to "...use any of the Content for any commercial purposes in excess of 100,000 printed copies without explicit written permission."

Resale Licensing
But it is the resale of images incorporated onto greeting cards, t-shirts, and mugs that causes the most concern for designers. This type of use is normally not part of the standard terms of usage. However, some companies will sell additional licensing that allows the use of their images on resale products.

A Bit Better Corporation sells an extended usage license, based on quantity, that "Allows inclusion of images in publications for resale only if the images are decorative in nature and not the primary value or purpose of the production."

There are a few companies with liberal usage terms. For example, Dream Maker Software allows use of their clip art on a multitude of items for personal use or commercial resale including candy wrappers, t-shirts, coffee cups, and mouse pads. They even state "If someone creates printed cards using Cliptures graphics and then sells or gives those cards to a third party. That third party will use the cards up and hopefully like them so much that they will come back to our customer (you) and get you to sell (or give) them some more." However, they do impose limits on use of their images on Web pages, rubber stamps, and in templates whether you give them away for free or sell them.

Another company with designer-friendly clip art usage guidelines for resale products is EyeWire. They state "There are no additional charges based on quantity of printed items, number of products for resale, or circulation of materials. There are a few restrictions on use of the content. Please refer to the End User Licensing Agreement for full details."

Unfortunately, not all companies make it easy to discern whether or not resale use is allowed or how special licensing can be arranged. You'll need to carefully read the EULA, search the Web site, and if still in doubt, contact the publisher with your questions and concerns. Any commercial use of clip art, including using clip art on resale products, should always begin with a careful reading of the clip art license agreement.

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