Copyright ClipArt

I would like to use clipArt on my website. Microsoft office online have thousands of cartoons/images. I emailed them asking do I need to obtain copyright/subscribe/sign a licence agreement and I got a reply that is impossible to understand unless you are a lawyer. Can anyone help?

(Microsoft reply below)

Thank you for your message to Microsoft Privacy.

For information about the rights you have to redistribute Clip Art that you have downloaded from Microsoft Office Online or used in one of the Microsoft Office System products, visit the following Web site: http://www.microsoft.com/about/legal/permissions/default.mspx

Unfortunately, we cannot provide additional guidance on your legal rights through this alias, nor can we grant additional rights for use of the clip art. If you require assistance interpreting your legal rights under your Microsoft EULA, or the Addendum to the EULA, obtain advice from your own attorney.

Sincerely,
Microsoft Privacy

Below is the relevant section of the MS TOS.

Basically, if you just want to use the clip art on your site you are OK. What you cannot do is re-sell the clip art.

  1. Office.com and Office Web App media elements and templates
    If you use Microsoft Office.com or the Microsoft Office Web Apps, you may have access to media images, clip art, animations, sounds, music, video clips, templates, and other forms of content (“media elements”) provided with the software available on Office.com or as part of a service associated with the software. You may copy and use the media elements in projects and documents. You may not: (i) sell, license, or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene works using the media elements. For more information, see the Use of Microsoft Copyrighted Content webpage (Use of Microsoft Copyrighted Content).

Thank you for your reply. It means a lot.

I, too, had difficulty interpreting Microsoft’s licensing requirements for using clipart. Their EULA and Content Copyright information is circular and they simply point to one another without offering any useful or definitive information. I believe that it is deliberate. I am embarking on an internet retail business and I located a graphic, both in my purchased Microsoft Office Suite and at the office.com site, that I want to use as my logo. The use of the terms ‘commercial’ and ‘non-commercial’ are not very helpful in that they do not really distinguish if the terms mean ‘for profit’ or ‘for personal’ use. In my case, my business will be for profit but the use of the graphic would be a means for identifying my business and not purely for a document or project.

If I need to get written permission to use the graphic, then I will do that. If I need to license its use I will do that as well. Needless to say, I am trying to keep my expenditures as low as possible but having to write in to get permission is time consuming and will slow things down, especially if it turns out to be unnecessary. The advice that was given to the other person was great but I am not sure that it is completely on point for my situation so if there are any additional words of wisdom, I am all ears and eager to learn! Thanks.