Newsletter
CAN CLIP ART COLLECTIONS BE USED FREELY?
Many image collections are commercially available on optical media for the public to pur-chase in order to use the images to make various items, or in personal web pages, etc. But is it true that if one buys a lawfully published image col-lection, one can then use the images in any way one wishes in order to produce reports, objects, personal web pages, and the like? The images in a collection on optical disc are likely to be original artistic or graphical works, and as such to be protectable under the Copyright Act. Therefore, using such images to produce reports, objects, personal web pages, etc., involves ex-ploiting another's work by means of reproduction and/or public transmission.
The Copyright Act provides that the rights of reproduction and public transmission are exclu-sive to the owner of economic rights in a work. If the license granted with the sale of an image collection includes the above types of use, then the purchaser may naturally use the images in these ways. But if such use goes beyond the scope of the license granted, then except within the bounds of fair use, one should first obtain the authorization of the owner of economic rights in the work, or one is likely to infringe on the rights owner's economic rights.
In view of this, before purchasing an image col-lection it is advisable to first check the scope of the license granted with the particular edition of the collection, in order to avoid the risk of in-fringing copyright or of purchasing an image collection that does not meet one's needs.