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ESL forum >
Concerning worksheets > PROBLEMS WITH CLIPART AND REPORTING A WORKSHEET
PROBLEMS WITH CLIPART AND REPORTING A WORKSHEET
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foreign
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For everyone concerned,
I �ve attached a �print screen � of what my CD-ROM looks like when I �m using it I checked Mike �s site and found a picture that both he and I use, so that you can see that mine really did come from my own source.
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3 Jun 2011
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s.lefevre
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I �m shocked. A long time ago, when one of "Marc �s pictures" was used in a worksheet, I said that it shouldn �t be reported for that reason because I had seen the same picture on a French site. I got a PM from Marc, asking me where I had seen the picture, because all HIS pictures are copyright and HIS property. I couldn �t remember where I had seen the picture. Since then, we have reported and deleted hundreds of worksheets because they used the same pictures ( not copies from his site, but only the pictures). I think he should explain it to us. |
3 Jun 2011
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Zora
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I agree with s.lefevre. An explanation needs to be given as to where MES-English really gets it �s clipart. Because, if the fact is that it comes from a CD collection, (or he has sold his work to a company that distributes clipart) then we have been removing worksheets unfairly.
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3 Jun 2011
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lizsantiago
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hi foreign, i am glad you took my adviced and print/screen your cd, you should also make a print of the ws you saw with the same picture in mes english so that either mes gives an explanation or we stop removing ws they claim have their images. i think is not fair to report a ws if there is no prove the images belong to someone. |
3 Jun 2011
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Jayho
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Well, this has raised a bit of a problem.
I can �t see anywhere on the mes website where there is mention of the origin of the clipart used there. Unless Mark adds some sort of distinguising mark, like members here do with Thistlegirl, how can anyone be sure as to the origin of the clipart? |
3 Jun 2011
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markcox
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To the OP, I did not report your worksheet. I can �t even see which worksheet may have been reported. Anyway, when your use conflicts with one stipulation but is OK within another, usually the conflicting stipulation holds.
The artwork used on MES English and my other sites can be a mix of licensed artwork, my own artwork, licensed artwork with my own artwork, or artwork I have purchased (and own the copyright to.) It is possible that you may find images that are the same in other products or licensed out elsewhere. I would say if you are legally using the images, state your case as above and get your worksheet reinstated. The moderators here are not trying to persecute anyone.
I know that the worksheets that I report took the artwork from my site. I didn �t realize others were reporting worksheets as taken from MES. I appreciate that, but if someone thinks a worksheet may have images taken from MES English but are unsure, please don �t report it. Just PM me and I �ll take a look.
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3 Jun 2011
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foreign
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Anyway, when your use conflicts with one stipulation but is OK within another, usually the conflicting stipulation holds.
Dear Mark,
thank you for your comment. I do not quite understand the above statement. What did you try to say with it?
Thank you,
Mojca
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3 Jun 2011
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Bruna Dutra
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@Mojca.
I believe Mark meant that if your use of the clipart is ok under one term, but conflicting with the other, you �re still not allowed to use it. But, as long as the terms are those you showed us, I can assure you that the legal interpretation of those terms allows you to distribute your work with this art in here.
It �d be good if you checked if any other terms conflict with the one you posted.
For example: Thistlegirlsdesign states in their conditions of use:
YOU MAY NOT AT ANY TIME:
"- distribute
ThistleGirl Designs or items created with graphics from ThistleGirl
Designs from your site or through email groups or list servers such as
Yahoo groups, etc. under any circumstances. Any prior permission
granted has now been revoked."
But allows you to SELL your work under these terms:
"- if your
products will be downloadable from the web, you must make every effort
to protect my graphics. This may mean, in the case of forms or
documents, placing the document in .pdf format. Under no circumstances
may you distribute a product in which the end consumer is able to remove
the graphics and use them for other purposes."
I can �t say, under these new terms, if members are allowed to upload those graphics in here, because it would be considered distributing to a group, not selling.
But regarding your situation, I believe some members may have gone off limits on Mark Cox �s behalf, since he is not the sole copyright holder of those graphics.
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3 Jun 2011
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Olindalima ( F )
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Hi Bruna
Thank you for showing up in such a difficult matter.
here �s what I have and know. I am copying/ pasting Ashley �s rules. My idea is that, being public this way, you all around can give your own opinion of what you understand by reading these rules.
I think the big problem is that , - LOL - we all know we, here around we don �t usually read the rules - LOL, again, now, this being said,
WOULD YOU BE AVAILABLE TO READ THESE RULES AND TRY TO DISCUSS THEM?
What do they really mean?
What do you think can or can �t be done ?
under which conditions?
I would like to hear from you?
I have no problems, I think I bought what I bought. If I have doubts , I email Ashley, I ask and she kindly answers.
Are you ready to read and discuss Ashley �s rules?
What does each one of us understands from what is written?
Here they are
| Conditions of Use |
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How ThistleGirl Designs MAY be used:
ThistleGirl Designs may be used to decorate your personal or
commercial (family-friendly) website and emails, including signature
cards on message boards and/or guestbooks provided the terms listed on
this page are met. They may also be printed for personal use such as
stationary, scrapbooks, etc. provided the terms listed on this page are
met. Custom graphics may be displayed on this site at the artists
discretion. ThistleGirl Designs are available to all visitors,
regardless of race, creed, religion, or nationality. ThistleGirl Designs
retains the copyright to all graphics, custom or otherwise, at all
times.
How ThistleGirl Designs graphics MAY NOT be used:
You may not, at any time:
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alter
my graphics in any way to include, but not limited to, recoloring,
resizing, combining, or adding text (unless specifically noted or in the
case of blank banners, buttons and quilt squares which are designed for
your text) |
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create
new items from my graphics such as email stationary, blinkies,
incredi-mail stationary, banners, awards, tubes, templates, etc. |
- |
distribute
ThistleGirl Designs or items created with graphics from ThistleGirl
Designs from your site or through email groups or list servers such as
Yahoo groups, etc. under any circumstances. Any prior permission
granted has now been revoked. |
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sell products containing ThistleGirl Designs for any reason with prior approval and resellers license |
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direct link to any graphics on this site |
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print ThistleGirl Designs graphics on products for resale without prior approval and resellers license |
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use graphics that you have purchased or received as a part of your membership package to decorate another persons site |
Your responsiblity:
In order to use the graphics found on this site, you must provide a
link back to ThistleGirl Designs on each page where the graphics are
used. You may use a logo supplied with a collection, or a text link in
readable size. This includes using my graphics as sig tags or on message
boards.
ThistleGirl
Designs reserves the right to request removal of my graphics from any
site at any time, or to restrict use to any person due to objectionable
content or violation of my terms of use. (I will ask nicely first, if at
all possible)
Use of ThistleGirl Designs graphics on commercial sites and/or for business promotion:
You may use graphics you have purchased to decorate your
business/commercial website providing all other terms and conditions are
met. You may also use the graphics to decorate your business documents
such as letterhead, invoices, etc.
Use of ThistleGirl Designs graphics by web designers:
Website designers who charge for their services are required to have a
Website Designers License. Please contact me for further information on
this.
Use of ThistleGirl Designs graphics on product you sell:
A Reseller license is for those who wish to use ThistleGirl Designs graphics on products they sell or distribute.
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This
license is only for products that you create by hand or on your own
computer. They may not be massed produced by another company for sale by
you with out prior written permission (i.e. Cafe Press, etc.). Such
allowable product usage may include items such as notecards, stationary,
templates, embroidery patterns, forms, documents, etc. Cross stitch
patterns may only be created for personal use and not for resale. |
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All
usage is bound by my conditions of use. You may not alter the graphics
in any way, shape or form by changing the colors. You may add text as
long is it does not alter the appearance of the graphic itself other
than the textual addition. Resizing of .png graphics is permitted as
long as a quality finished product is achievable. |
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All
products must include "graphics � www.thistlegirldesigns.com". This may
be on the actual product itself, or on a small tag included with the
product. |
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If
your products will be downloadable from the web, you must make every
effort to protect my graphics. This may mean, in the case of forms or
documents, placing the document in .pdf format. Under no circumstances
may you distribute a product in which the end consumer is able to remove
the graphics and use them for other purposes. |
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You
must email me with the name and nature of your usage, as well as your
site url if applicable. If in doubt, please contact me beforehand. |
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You may use ThistleGirl Designs graphics to decorate your website (if applicable) as well as your business promotional items. |
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I
reserve the right to request removal of my graphics due to objectionable
(not family-friendly) content, violation of these rules, or violation
of my terms of use. |
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Violation of these rules or my terms of use may result in revokation of your product usage license with no refund of fees paid. |
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It
is your responsibilty to maintain a working knowledge of these rules and
my terms of use, as they may change from time to time. |
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This
license is NON-TRANSFERABLE. Should you sell your business, and the new
owner wish to continue using ThistleGirl Designs, they must purchase
the appropriate license for themselves. | |
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4 Jun 2011
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moravc
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How come there are printables reported just because someone "thinks" the pics are copyrighted? The reporter must prove it - provide a link or point at the watermark...
There are only two reasons for reporting - watermarked clipart and copyrighted images + source link given.
IF there had been a link provided and the pics were a part of pdf file there, the moderators couldn �t have voted for removal. Or, at least, shouldn �t...
In case of MES, would a sensible person have ever thought that ALL the pictures were drawn by Mark Cox?!?
It is CLEARLY impossible. There are too many designs, too many "different" hands had created the pics... Would you think that Picasso had painted Mona Lisa? See what I mean?
AS far as I know, Mark Cox shares pdf printables, so it is impossible to copy the pic in high resolution and use the pic in a new document. Of course, the comp experts can printscreeen and import into MS Paint and save as jpg and insert in a new document... But it is sooo time consuming! and, frankly speaking, the MES printables ARE very useful, but the pictures used there are standard cliparts which we can find on various websites.
These cliparts on MES website are valuable just because they are shared in COLLECTIONS, so the teachers can teach vocabulary related to the given topic more easily... These pictures are not an artwork, they are not "artistic" Boticelli or "cute and famous" Disney...
The true value of the MES printables is the mixture of the interesting text, fancy fonts, layout, creative idea and the pictures. I don �t think that the MOST VALUABLE thing are the pictures. Do you?
IF you find an innovative and fresh printable, do you throw it away just because the cute pictures are missing?
NO!
Pictures can be always added, replaced by BW version, resized, moved, deleted... So why such a big fuss?
Victor Gayol makes the rules here and he had stated repeatedly that if any website has problems with any member uploading "their" cliparts, they will have to deal with the given member. Victor or moderators cannot be the police...
Sometimes it is very clear that the pictures ARE copyrighted, the artist is well known...but the other cases should be left on ESLP UNTIL someone claims his copyright...
The only "banned" website mentioned in the rules is iclipart.com. But anybody can upload "their" pics, because these pics are sold on other websites where the redistribution of pics in documents is allowed. We cannot prove where the contributor got the pics from, whether from iclipart or from another website and under different conditions...
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4 Jun 2011
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