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Old 29-11-2007, 06:41 AM   #1
Shiva
Guest
 
Posts: n/a
Legal use of template

I'd like to start a small business and design newsletters and the likes. I
read the EULA for the Publisher and there are issues that are not clear yet.
I hope somebody can provide me with an explanation that can help me make a
decision: whether to use Publisher to produce my work or not.
I understand the copyright issue on the templates, but if you modify them,
using them as startpoint or frame work if you prefer, can I sell them to my
prospects?
And if not, what about using the blank publication, and make a design from
scratch? Would that still be considered a template that cannot be sold?
And if all of the above fails and nothing can be sold, can you suggest any
software that would enable me to design publications and the likes?
Thank you for your attention and time.
--
Shiva
  Reply With Quote
Old 29-11-2007, 06:41 AM   #2
JoAnn Paules
Guest
 
Posts: n/a
Re: Legal use of template

Shiva,

As I stated before, you really need to speak to an attorney who is familiar
with copyright laws. The sticking point isn't the program you are using,
it's the work itself. If you start from a blank document, you're fine. It's
when you want to modify one of Microsoft's templates that starts to cross
the line.

Imagine that you spend time creating a template, I buy it, move a few things
and change the colors, and then sell it. How happy are you going to be about
the fact that I've just violated your copyrights and profitted from your
work?

--

JoAnn Paules
Microsoft MVP - Publisher



"Shiva" <Shiva@discussions.microsoft.com> wrote in message
news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
> I'd like to start a small business and design newsletters and the likes. I
> read the EULA for the Publisher and there are issues that are not clear
> yet.
> I hope somebody can provide me with an explanation that can help me make a
> decision: whether to use Publisher to produce my work or not.
> I understand the copyright issue on the templates, but if you modify them,
> using them as startpoint or frame work if you prefer, can I sell them to
> my
> prospects?
> And if not, what about using the blank publication, and make a design from
> scratch? Would that still be considered a template that cannot be sold?
> And if all of the above fails and nothing can be sold, can you suggest any
> software that would enable me to design publications and the likes?
> Thank you for your attention and time.
> --
> Shiva


  Reply With Quote
Old 29-11-2007, 06:41 AM   #3
Shiva
Guest
 
Posts: n/a
Re: Legal use of template

JoAnn,
thanks for your promt reply and advise. I see what you're saying and the
last thing I need is to have legal troubles because of a template. So, If I
use the blank publication and the features offered by the Publisher to build
one, can I sell this? or the blank publication is considered a template as
well?
You see it's hard to navigate the copyright world.
Thanks.
--
Shiva


"JoAnn Paules" wrote:

> Shiva,
>
> As I stated before, you really need to speak to an attorney who is familiar
> with copyright laws. The sticking point isn't the program you are using,
> it's the work itself. If you start from a blank document, you're fine. It's
> when you want to modify one of Microsoft's templates that starts to cross
> the line.
>
> Imagine that you spend time creating a template, I buy it, move a few things
> and change the colors, and then sell it. How happy are you going to be about
> the fact that I've just violated your copyrights and profitted from your
> work?
>
> --
>
> JoAnn Paules
> Microsoft MVP - Publisher
>
>
>
> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
> > I'd like to start a small business and design newsletters and the likes. I
> > read the EULA for the Publisher and there are issues that are not clear
> > yet.
> > I hope somebody can provide me with an explanation that can help me make a
> > decision: whether to use Publisher to produce my work or not.
> > I understand the copyright issue on the templates, but if you modify them,
> > using them as startpoint or frame work if you prefer, can I sell them to
> > my
> > prospects?
> > And if not, what about using the blank publication, and make a design from
> > scratch? Would that still be considered a template that cannot be sold?
> > And if all of the above fails and nothing can be sold, can you suggest any
> > software that would enable me to design publications and the likes?
> > Thank you for your attention and time.
> > --
> > Shiva

>
>

  Reply With Quote
Old 29-11-2007, 06:41 AM   #4
JoAnn Paules
Guest
 
Posts: n/a
Re: Legal use of template

Starting with a blank document is fine. Like I said, it's not the use of the
program, it's the content.

--

JoAnn Paules
Microsoft MVP - Publisher



"Shiva" <Shiva@discussions.microsoft.com> wrote in message
news:0844D35C-4965-4513-897C-6111ABC8426A@microsoft.com...
> JoAnn,
> thanks for your promt reply and advise. I see what you're saying and the
> last thing I need is to have legal troubles because of a template. So, If
> I
> use the blank publication and the features offered by the Publisher to
> build
> one, can I sell this? or the blank publication is considered a template as
> well?
> You see it's hard to navigate the copyright world.
> Thanks.
> --
> Shiva
>
>
> "JoAnn Paules" wrote:
>
>> Shiva,
>>
>> As I stated before, you really need to speak to an attorney who is
>> familiar
>> with copyright laws. The sticking point isn't the program you are using,
>> it's the work itself. If you start from a blank document, you're fine.
>> It's
>> when you want to modify one of Microsoft's templates that starts to cross
>> the line.
>>
>> Imagine that you spend time creating a template, I buy it, move a few
>> things
>> and change the colors, and then sell it. How happy are you going to be
>> about
>> the fact that I've just violated your copyrights and profitted from your
>> work?
>>
>> --
>>
>> JoAnn Paules
>> Microsoft MVP - Publisher
>>
>>
>>
>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
>> > I'd like to start a small business and design newsletters and the
>> > likes. I
>> > read the EULA for the Publisher and there are issues that are not clear
>> > yet.
>> > I hope somebody can provide me with an explanation that can help me
>> > make a
>> > decision: whether to use Publisher to produce my work or not.
>> > I understand the copyright issue on the templates, but if you modify
>> > them,
>> > using them as startpoint or frame work if you prefer, can I sell them
>> > to
>> > my
>> > prospects?
>> > And if not, what about using the blank publication, and make a design
>> > from
>> > scratch? Would that still be considered a template that cannot be sold?
>> > And if all of the above fails and nothing can be sold, can you suggest
>> > any
>> > software that would enable me to design publications and the likes?
>> > Thank you for your attention and time.
>> > --
>> > Shiva

>>
>>


  Reply With Quote
Old 29-11-2007, 06:41 AM   #5
Paul Ballou
Guest
 
Posts: n/a
Re: Legal use of template

JoAnn,
Just a thought on what you are saying what if someone recreates a
document from scratch and it resembles a previously created document by
someone else? I personally believe templates are out there for people to use
as a starting point or as is....If someone chooses not to modify it then
that's the choice they make and as far as copyright goes it will be almost
next to impossible to prove who did or didn't create the document. It is
best to provide links to the info posted on MS site and not try to interpret
any part except from an opinion point of view...

--
Paul Ballou
MVP Office
http://office.microsoft.com/home
http://www.freeserifsoftware.com/
http://www.ballousgiftshop.com



"JoAnn Paules" <jl_paules@hotNOSPAMmail.com> wrote in message
news:270274C6-F20E-43D0-AAD6-1333DEF08F6F@microsoft.com...
> Starting with a blank document is fine. Like I said, it's not the use of
> the program, it's the content.
>
> --
>
> JoAnn Paules
> Microsoft MVP - Publisher
>
>
>
> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> news:0844D35C-4965-4513-897C-6111ABC8426A@microsoft.com...
>> JoAnn,
>> thanks for your promt reply and advise. I see what you're saying and the
>> last thing I need is to have legal troubles because of a template. So, If
>> I
>> use the blank publication and the features offered by the Publisher to
>> build
>> one, can I sell this? or the blank publication is considered a template
>> as
>> well?
>> You see it's hard to navigate the copyright world.
>> Thanks.
>> --
>> Shiva
>>
>>
>> "JoAnn Paules" wrote:
>>
>>> Shiva,
>>>
>>> As I stated before, you really need to speak to an attorney who is
>>> familiar
>>> with copyright laws. The sticking point isn't the program you are using,
>>> it's the work itself. If you start from a blank document, you're fine.
>>> It's
>>> when you want to modify one of Microsoft's templates that starts to
>>> cross
>>> the line.
>>>
>>> Imagine that you spend time creating a template, I buy it, move a few
>>> things
>>> and change the colors, and then sell it. How happy are you going to be
>>> about
>>> the fact that I've just violated your copyrights and profitted from your
>>> work?
>>>
>>> --
>>>
>>> JoAnn Paules
>>> Microsoft MVP - Publisher
>>>
>>>
>>>
>>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>>> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
>>> > I'd like to start a small business and design newsletters and the
>>> > likes. I
>>> > read the EULA for the Publisher and there are issues that are not
>>> > clear
>>> > yet.
>>> > I hope somebody can provide me with an explanation that can help me
>>> > make a
>>> > decision: whether to use Publisher to produce my work or not.
>>> > I understand the copyright issue on the templates, but if you modify
>>> > them,
>>> > using them as startpoint or frame work if you prefer, can I sell them
>>> > to
>>> > my
>>> > prospects?
>>> > And if not, what about using the blank publication, and make a design
>>> > from
>>> > scratch? Would that still be considered a template that cannot be
>>> > sold?
>>> > And if all of the above fails and nothing can be sold, can you suggest
>>> > any
>>> > software that would enable me to design publications and the likes?
>>> > Thank you for your attention and time.
>>> > --
>>> > Shiva
>>>
>>>

>


  Reply With Quote
Old 29-11-2007, 06:42 AM   #6
Shiva
Guest
 
Posts: n/a
Re: Legal use of template

Paul,
the real dilemma here is whether is possible to sell your own design by
using a blank document in the Publisher, not to steal somebody else's ideas.
JoAnn is correct: if you want to be a designer, you should have, hopefully,
plenty of ideas. But with all the limitations on the commercial use of the
Media included in the program, it's a tricky business to figure it out. So,
it's helpful, if black on white, somebody says it's possible to use a blank
document without incurring some kind of legal troubles. Sending the user
eternally back and forth the EULA doesn't really help. The forum gives an
opportunity to address specific issues that might answer the question that
thousands of people would like to ask.

--
Shiva


"Paul Ballou" wrote:

> JoAnn,
> Just a thought on what you are saying what if someone recreates a
> document from scratch and it resembles a previously created document by
> someone else? I personally believe templates are out there for people to use
> as a starting point or as is....If someone chooses not to modify it then
> that's the choice they make and as far as copyright goes it will be almost
> next to impossible to prove who did or didn't create the document. It is
> best to provide links to the info posted on MS site and not try to interpret
> any part except from an opinion point of view...
>
> --
> Paul Ballou
> MVP Office
> http://office.microsoft.com/home
> http://www.freeserifsoftware.com/
> http://www.ballousgiftshop.com
>
>
>
> "JoAnn Paules" <jl_paules@hotNOSPAMmail.com> wrote in message
> news:270274C6-F20E-43D0-AAD6-1333DEF08F6F@microsoft.com...
> > Starting with a blank document is fine. Like I said, it's not the use of
> > the program, it's the content.
> >
> > --
> >
> > JoAnn Paules
> > Microsoft MVP - Publisher
> >
> >
> >
> > "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> > news:0844D35C-4965-4513-897C-6111ABC8426A@microsoft.com...
> >> JoAnn,
> >> thanks for your promt reply and advise. I see what you're saying and the
> >> last thing I need is to have legal troubles because of a template. So, If
> >> I
> >> use the blank publication and the features offered by the Publisher to
> >> build
> >> one, can I sell this? or the blank publication is considered a template
> >> as
> >> well?
> >> You see it's hard to navigate the copyright world.
> >> Thanks.
> >> --
> >> Shiva
> >>
> >>
> >> "JoAnn Paules" wrote:
> >>
> >>> Shiva,
> >>>
> >>> As I stated before, you really need to speak to an attorney who is
> >>> familiar
> >>> with copyright laws. The sticking point isn't the program you are using,
> >>> it's the work itself. If you start from a blank document, you're fine.
> >>> It's
> >>> when you want to modify one of Microsoft's templates that starts to
> >>> cross
> >>> the line.
> >>>
> >>> Imagine that you spend time creating a template, I buy it, move a few
> >>> things
> >>> and change the colors, and then sell it. How happy are you going to be
> >>> about
> >>> the fact that I've just violated your copyrights and profitted from your
> >>> work?
> >>>
> >>> --
> >>>
> >>> JoAnn Paules
> >>> Microsoft MVP - Publisher
> >>>
> >>>
> >>>
> >>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> >>> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
> >>> > I'd like to start a small business and design newsletters and the
> >>> > likes. I
> >>> > read the EULA for the Publisher and there are issues that are not
> >>> > clear
> >>> > yet.
> >>> > I hope somebody can provide me with an explanation that can help me
> >>> > make a
> >>> > decision: whether to use Publisher to produce my work or not.
> >>> > I understand the copyright issue on the templates, but if you modify
> >>> > them,
> >>> > using them as startpoint or frame work if you prefer, can I sell them
> >>> > to
> >>> > my
> >>> > prospects?
> >>> > And if not, what about using the blank publication, and make a design
> >>> > from
> >>> > scratch? Would that still be considered a template that cannot be
> >>> > sold?
> >>> > And if all of the above fails and nothing can be sold, can you suggest
> >>> > any
> >>> > software that would enable me to design publications and the likes?
> >>> > Thank you for your attention and time.
> >>> > --
> >>> > Shiva
> >>>
> >>>

> >

>
>

  Reply With Quote
Old 29-11-2007, 06:42 AM   #7
John Inzer
Guest
 
Posts: n/a
Re: Legal use of template

Shiva wrote:
> Paul,
> the real dilemma here is whether is possible to sell your own design
> by using a blank document in the Publisher, not to steal somebody
> else's ideas. JoAnn is correct: if you want to be a designer, you
> should have, hopefully, plenty of ideas. But with all the limitations
> on the commercial use of the Media included in the program, it's a
> tricky business to figure it out. So, it's helpful, if black on
> white, somebody says it's possible to use a blank document without
> incurring some kind of legal troubles. Sending the user eternally
> back and forth the EULA doesn't really help. The forum gives an
> opportunity to address specific issues that might answer the question
> that thousands of people would like to ask.

=============================
Have you seen the following document?

Use of Microsoft Copyrighted Content
http://tinyurl.com/3ycdsf


--
John Inzer
MS Picture It! -
Digital Image MVP

Digital Image
Highlights and FAQs
http://tinyurl.com/aczzp

Notice
This is not tech support
I am a volunteer

Solutions that work for
me may not work for you

Proceed at your own risk



  Reply With Quote
Old 29-11-2007, 06:42 AM   #8
Paul Ballou
Guest
 
Posts: n/a
Re: Legal use of template

Shiva,
I never said she was incorrect or correct, My post was a question to
ponder in regards to a statement in JoAnn's post....

I made no reference to steal someone else's ideas ...The point I am making
is a duplicate document can be create from scratch and still appear to look
like one someone else created therefore how do you determine whether the
document is an original or someone else's work...

Any legal concerns you have on the commercial use of the program can only be
answered by reading the EULA or contacting a legal professional to interpret
the EULA for you...

The only advice you can get on the Commercial use of a program from a News
Group is an Opinion on use....

If you can not use a blank document in a program to create a design for
commercial use then you would need to question whether you can use a sheet
of paper to design something for commercial use

--
Paul Ballou
MVP Office
http://office.microsoft.com/home
http://www.freeserifsoftware.com/
http://www.ballousgiftshop.com



"Shiva" <Shiva@discussions.microsoft.com> wrote in message
news:C69C0AB6-1D43-4CB0-ABB9-E3617DEC4C34@microsoft.com...
> Paul,
> the real dilemma here is whether is possible to sell your own design by
> using a blank document in the Publisher, not to steal somebody else's
> ideas.
> JoAnn is correct: if you want to be a designer, you should have,
> hopefully,
> plenty of ideas. But with all the limitations on the commercial use of the
> Media included in the program, it's a tricky business to figure it out.
> So,
> it's helpful, if black on white, somebody says it's possible to use a
> blank
> document without incurring some kind of legal troubles. Sending the user
> eternally back and forth the EULA doesn't really help. The forum gives an
> opportunity to address specific issues that might answer the question that
> thousands of people would like to ask.
>
> --
> Shiva
>
>
> "Paul Ballou" wrote:
>
>> JoAnn,
>> Just a thought on what you are saying what if someone recreates a
>> document from scratch and it resembles a previously created document by
>> someone else? I personally believe templates are out there for people to
>> use
>> as a starting point or as is....If someone chooses not to modify it then
>> that's the choice they make and as far as copyright goes it will be
>> almost
>> next to impossible to prove who did or didn't create the document. It is
>> best to provide links to the info posted on MS site and not try to
>> interpret
>> any part except from an opinion point of view...
>>
>> --
>> Paul Ballou
>> MVP Office
>> http://office.microsoft.com/home
>> http://www.freeserifsoftware.com/
>> http://www.ballousgiftshop.com
>>
>>
>>
>> "JoAnn Paules" <jl_paules@hotNOSPAMmail.com> wrote in message
>> news:270274C6-F20E-43D0-AAD6-1333DEF08F6F@microsoft.com...
>> > Starting with a blank document is fine. Like I said, it's not the use
>> > of
>> > the program, it's the content.
>> >
>> > --
>> >
>> > JoAnn Paules
>> > Microsoft MVP - Publisher
>> >
>> >
>> >
>> > "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>> > news:0844D35C-4965-4513-897C-6111ABC8426A@microsoft.com...
>> >> JoAnn,
>> >> thanks for your promt reply and advise. I see what you're saying and
>> >> the
>> >> last thing I need is to have legal troubles because of a template. So,
>> >> If
>> >> I
>> >> use the blank publication and the features offered by the Publisher to
>> >> build
>> >> one, can I sell this? or the blank publication is considered a
>> >> template
>> >> as
>> >> well?
>> >> You see it's hard to navigate the copyright world.
>> >> Thanks.
>> >> --
>> >> Shiva
>> >>
>> >>
>> >> "JoAnn Paules" wrote:
>> >>
>> >>> Shiva,
>> >>>
>> >>> As I stated before, you really need to speak to an attorney who is
>> >>> familiar
>> >>> with copyright laws. The sticking point isn't the program you are
>> >>> using,
>> >>> it's the work itself. If you start from a blank document, you're
>> >>> fine.
>> >>> It's
>> >>> when you want to modify one of Microsoft's templates that starts to
>> >>> cross
>> >>> the line.
>> >>>
>> >>> Imagine that you spend time creating a template, I buy it, move a few
>> >>> things
>> >>> and change the colors, and then sell it. How happy are you going to
>> >>> be
>> >>> about
>> >>> the fact that I've just violated your copyrights and profitted from
>> >>> your
>> >>> work?
>> >>>
>> >>> --
>> >>>
>> >>> JoAnn Paules
>> >>> Microsoft MVP - Publisher
>> >>>
>> >>>
>> >>>
>> >>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>> >>> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
>> >>> > I'd like to start a small business and design newsletters and the
>> >>> > likes. I
>> >>> > read the EULA for the Publisher and there are issues that are not
>> >>> > clear
>> >>> > yet.
>> >>> > I hope somebody can provide me with an explanation that can help me
>> >>> > make a
>> >>> > decision: whether to use Publisher to produce my work or not.
>> >>> > I understand the copyright issue on the templates, but if you
>> >>> > modify
>> >>> > them,
>> >>> > using them as startpoint or frame work if you prefer, can I sell
>> >>> > them
>> >>> > to
>> >>> > my
>> >>> > prospects?
>> >>> > And if not, what about using the blank publication, and make a
>> >>> > design
>> >>> > from
>> >>> > scratch? Would that still be considered a template that cannot be
>> >>> > sold?
>> >>> > And if all of the above fails and nothing can be sold, can you
>> >>> > suggest
>> >>> > any
>> >>> > software that would enable me to design publications and the likes?
>> >>> > Thank you for your attention and time.
>> >>> > --
>> >>> > Shiva
>> >>>
>> >>>
>> >

>>
>>


  Reply With Quote
Old 29-11-2007, 06:43 AM   #9
Shiva
Guest
 
Posts: n/a
Re: Legal use of template

Paul,
if you need a lawyer to interpret the EULA, on the top of the things to
learn when you buy a program, what's the point? Why not simplify users' life
by writing in a way that is easy to understand? Would this discussion take
place otherwise?
I do realize that the answers given in this forum do NOT come from
Microsoft, and even though some people might have a technical expertise
cannot answer every question, then may I suggest Microsoft provide support in
the field(s) not covered by the other "experts"? This would really be an
extraordinary service as part of the package coming with the software you buy.
--
Shiva


"Paul Ballou" wrote:

> Shiva,
> I never said she was incorrect or correct, My post was a question to
> ponder in regards to a statement in JoAnn's post....
>
> I made no reference to steal someone else's ideas ...The point I am making
> is a duplicate document can be create from scratch and still appear to look
> like one someone else created therefore how do you determine whether the
> document is an original or someone else's work...
>
> Any legal concerns you have on the commercial use of the program can only be
> answered by reading the EULA or contacting a legal professional to interpret
> the EULA for you...
>
> The only advice you can get on the Commercial use of a program from a News
> Group is an Opinion on use....
>
> If you can not use a blank document in a program to create a design for
> commercial use then you would need to question whether you can use a sheet
> of paper to design something for commercial use
>
> --
> Paul Ballou
> MVP Office
> http://office.microsoft.com/home
> http://www.freeserifsoftware.com/
> http://www.ballousgiftshop.com
>
>
>
> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> news:C69C0AB6-1D43-4CB0-ABB9-E3617DEC4C34@microsoft.com...
> > Paul,
> > the real dilemma here is whether is possible to sell your own design by
> > using a blank document in the Publisher, not to steal somebody else's
> > ideas.
> > JoAnn is correct: if you want to be a designer, you should have,
> > hopefully,
> > plenty of ideas. But with all the limitations on the commercial use of the
> > Media included in the program, it's a tricky business to figure it out.
> > So,
> > it's helpful, if black on white, somebody says it's possible to use a
> > blank
> > document without incurring some kind of legal troubles. Sending the user
> > eternally back and forth the EULA doesn't really help. The forum gives an
> > opportunity to address specific issues that might answer the question that
> > thousands of people would like to ask.
> >
> > --
> > Shiva
> >
> >
> > "Paul Ballou" wrote:
> >
> >> JoAnn,
> >> Just a thought on what you are saying what if someone recreates a
> >> document from scratch and it resembles a previously created document by
> >> someone else? I personally believe templates are out there for people to
> >> use
> >> as a starting point or as is....If someone chooses not to modify it then
> >> that's the choice they make and as far as copyright goes it will be
> >> almost
> >> next to impossible to prove who did or didn't create the document. It is
> >> best to provide links to the info posted on MS site and not try to
> >> interpret
> >> any part except from an opinion point of view...
> >>
> >> --
> >> Paul Ballou
> >> MVP Office
> >> http://office.microsoft.com/home
> >> http://www.freeserifsoftware.com/
> >> http://www.ballousgiftshop.com
> >>
> >>
> >>
> >> "JoAnn Paules" <jl_paules@hotNOSPAMmail.com> wrote in message
> >> news:270274C6-F20E-43D0-AAD6-1333DEF08F6F@microsoft.com...
> >> > Starting with a blank document is fine. Like I said, it's not the use
> >> > of
> >> > the program, it's the content.
> >> >
> >> > --
> >> >
> >> > JoAnn Paules
> >> > Microsoft MVP - Publisher
> >> >
> >> >
> >> >
> >> > "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> >> > news:0844D35C-4965-4513-897C-6111ABC8426A@microsoft.com...
> >> >> JoAnn,
> >> >> thanks for your promt reply and advise. I see what you're saying and
> >> >> the
> >> >> last thing I need is to have legal troubles because of a template. So,
> >> >> If
> >> >> I
> >> >> use the blank publication and the features offered by the Publisher to
> >> >> build
> >> >> one, can I sell this? or the blank publication is considered a
> >> >> template
> >> >> as
> >> >> well?
> >> >> You see it's hard to navigate the copyright world.
> >> >> Thanks.
> >> >> --
> >> >> Shiva
> >> >>
> >> >>
> >> >> "JoAnn Paules" wrote:
> >> >>
> >> >>> Shiva,
> >> >>>
> >> >>> As I stated before, you really need to speak to an attorney who is
> >> >>> familiar
> >> >>> with copyright laws. The sticking point isn't the program you are
> >> >>> using,
> >> >>> it's the work itself. If you start from a blank document, you're
> >> >>> fine.
> >> >>> It's
> >> >>> when you want to modify one of Microsoft's templates that starts to
> >> >>> cross
> >> >>> the line.
> >> >>>
> >> >>> Imagine that you spend time creating a template, I buy it, move a few
> >> >>> things
> >> >>> and change the colors, and then sell it. How happy are you going to
> >> >>> be
> >> >>> about
> >> >>> the fact that I've just violated your copyrights and profitted from
> >> >>> your
> >> >>> work?
> >> >>>
> >> >>> --
> >> >>>
> >> >>> JoAnn Paules
> >> >>> Microsoft MVP - Publisher
> >> >>>
> >> >>>
> >> >>>
> >> >>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
> >> >>> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
> >> >>> > I'd like to start a small business and design newsletters and the
> >> >>> > likes. I
> >> >>> > read the EULA for the Publisher and there are issues that are not
> >> >>> > clear
> >> >>> > yet.
> >> >>> > I hope somebody can provide me with an explanation that can help me
> >> >>> > make a
> >> >>> > decision: whether to use Publisher to produce my work or not.
> >> >>> > I understand the copyright issue on the templates, but if you
> >> >>> > modify
> >> >>> > them,
> >> >>> > using them as startpoint or frame work if you prefer, can I sell
> >> >>> > them
> >> >>> > to
> >> >>> > my
> >> >>> > prospects?
> >> >>> > And if not, what about using the blank publication, and make a
> >> >>> > design
> >> >>> > from
> >> >>> > scratch? Would that still be considered a template that cannot be
> >> >>> > sold?
> >> >>> > And if all of the above fails and nothing can be sold, can you
> >> >>> > suggest
> >> >>> > any
> >> >>> > software that would enable me to design publications and the likes?
> >> >>> > Thank you for your attention and time.
> >> >>> > --
> >> >>> > Shiva
> >> >>>
> >> >>>
> >> >
> >>
> >>

>
>

  Reply With Quote
Old 29-11-2007, 06:43 AM   #10
Paul Ballou
Guest
 
Posts: n/a
Re: Legal use of template

Shiva,
The EULA is only complicated in my opinion as they can not create a
simple EULA that would cover every possible scenario that could occur .
There are people who will try to find loopholes in legal agreements so
instead of making things simple they need to be complicated to keep people
thinking and deter those who might misuse the program.

--
Paul Ballou
MVP Office
http://office.microsoft.com/home
http://www.freeserifsoftware.com/
http://www.ballousgiftshop.com



"Shiva" <Shiva@discussions.microsoft.com> wrote in message
news:08074C09-C960-416B-9C72-CFC073DC4FE1@microsoft.com...
> Paul,
> if you need a lawyer to interpret the EULA, on the top of the things to
> learn when you buy a program, what's the point? Why not simplify users'
> life
> by writing in a way that is easy to understand? Would this discussion take
> place otherwise?
> I do realize that the answers given in this forum do NOT come from
> Microsoft, and even though some people might have a technical expertise
> cannot answer every question, then may I suggest Microsoft provide support
> in
> the field(s) not covered by the other "experts"? This would really be an
> extraordinary service as part of the package coming with the software you
> buy.
> --
> Shiva
>
>
> "Paul Ballou" wrote:
>
>> Shiva,
>> I never said she was incorrect or correct, My post was a question
>> to
>> ponder in regards to a statement in JoAnn's post....
>>
>> I made no reference to steal someone else's ideas ...The point I am
>> making
>> is a duplicate document can be create from scratch and still appear to
>> look
>> like one someone else created therefore how do you determine whether the
>> document is an original or someone else's work...
>>
>> Any legal concerns you have on the commercial use of the program can only
>> be
>> answered by reading the EULA or contacting a legal professional to
>> interpret
>> the EULA for you...
>>
>> The only advice you can get on the Commercial use of a program from a
>> News
>> Group is an Opinion on use....
>>
>> If you can not use a blank document in a program to create a design for
>> commercial use then you would need to question whether you can use a
>> sheet
>> of paper to design something for commercial use
>>
>> --
>> Paul Ballou
>> MVP Office
>> http://office.microsoft.com/home
>> http://www.freeserifsoftware.com/
>> http://www.ballousgiftshop.com
>>
>>
>>
>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>> news:C69C0AB6-1D43-4CB0-ABB9-E3617DEC4C34@microsoft.com...
>> > Paul,
>> > the real dilemma here is whether is possible to sell your own design by
>> > using a blank document in the Publisher, not to steal somebody else's
>> > ideas.
>> > JoAnn is correct: if you want to be a designer, you should have,
>> > hopefully,
>> > plenty of ideas. But with all the limitations on the commercial use of
>> > the
>> > Media included in the program, it's a tricky business to figure it out.
>> > So,
>> > it's helpful, if black on white, somebody says it's possible to use a
>> > blank
>> > document without incurring some kind of legal troubles. Sending the
>> > user
>> > eternally back and forth the EULA doesn't really help. The forum gives
>> > an
>> > opportunity to address specific issues that might answer the question
>> > that
>> > thousands of people would like to ask.
>> >
>> > --
>> > Shiva
>> >
>> >
>> > "Paul Ballou" wrote:
>> >
>> >> JoAnn,
>> >> Just a thought on what you are saying what if someone recreates a
>> >> document from scratch and it resembles a previously created document
>> >> by
>> >> someone else? I personally believe templates are out there for people
>> >> to
>> >> use
>> >> as a starting point or as is....If someone chooses not to modify it
>> >> then
>> >> that's the choice they make and as far as copyright goes it will be
>> >> almost
>> >> next to impossible to prove who did or didn't create the document. It
>> >> is
>> >> best to provide links to the info posted on MS site and not try to
>> >> interpret
>> >> any part except from an opinion point of view...
>> >>
>> >> --
>> >> Paul Ballou
>> >> MVP Office
>> >> http://office.microsoft.com/home
>> >> http://www.freeserifsoftware.com/
>> >> http://www.ballousgiftshop.com
>> >>
>> >>
>> >>
>> >> "JoAnn Paules" <jl_paules@hotNOSPAMmail.com> wrote in message
>> >> news:270274C6-F20E-43D0-AAD6-1333DEF08F6F@microsoft.com...
>> >> > Starting with a blank document is fine. Like I said, it's not the
>> >> > use
>> >> > of
>> >> > the program, it's the content.
>> >> >
>> >> > --
>> >> >
>> >> > JoAnn Paules
>> >> > Microsoft MVP - Publisher
>> >> >
>> >> >
>> >> >
>> >> > "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>> >> > news:0844D35C-4965-4513-897C-6111ABC8426A@microsoft.com...
>> >> >> JoAnn,
>> >> >> thanks for your promt reply and advise. I see what you're saying
>> >> >> and
>> >> >> the
>> >> >> last thing I need is to have legal troubles because of a template.
>> >> >> So,
>> >> >> If
>> >> >> I
>> >> >> use the blank publication and the features offered by the Publisher
>> >> >> to
>> >> >> build
>> >> >> one, can I sell this? or the blank publication is considered a
>> >> >> template
>> >> >> as
>> >> >> well?
>> >> >> You see it's hard to navigate the copyright world.
>> >> >> Thanks.
>> >> >> --
>> >> >> Shiva
>> >> >>
>> >> >>
>> >> >> "JoAnn Paules" wrote:
>> >> >>
>> >> >>> Shiva,
>> >> >>>
>> >> >>> As I stated before, you really need to speak to an attorney who is
>> >> >>> familiar
>> >> >>> with copyright laws. The sticking point isn't the program you are
>> >> >>> using,
>> >> >>> it's the work itself. If you start from a blank document, you're
>> >> >>> fine.
>> >> >>> It's
>> >> >>> when you want to modify one of Microsoft's templates that starts
>> >> >>> to
>> >> >>> cross
>> >> >>> the line.
>> >> >>>
>> >> >>> Imagine that you spend time creating a template, I buy it, move a
>> >> >>> few
>> >> >>> things
>> >> >>> and change the colors, and then sell it. How happy are you going
>> >> >>> to
>> >> >>> be
>> >> >>> about
>> >> >>> the fact that I've just violated your copyrights and profitted
>> >> >>> from
>> >> >>> your
>> >> >>> work?
>> >> >>>
>> >> >>> --
>> >> >>>
>> >> >>> JoAnn Paules
>> >> >>> Microsoft MVP - Publisher
>> >> >>>
>> >> >>>
>> >> >>>
>> >> >>> "Shiva" <Shiva@discussions.microsoft.com> wrote in message
>> >> >>> news:CA8617F4-DAD7-4598-ACD7-217448E1EEC5@microsoft.com...
>> >> >>> > I'd like to start a small business and design newsletters and
>> >> >>> > the
>> >> >>> > likes. I
>> >> >>> > read the EULA for the Publisher and there are issues that are
>> >> >>> > not
>> >> >>> > clear
>> >> >>> > yet.
>> >> >>> > I hope somebody can provide me with an explanation that can help
>> >> >>> > me
>> >> >>> > make a
>> >> >>> > decision: whether to use Publisher to produce my work or not.
>> >> >>> > I understand the copyright issue on the templates, but if you
>> >> >>> > modify
>> >> >>> > them,
>> >> >>> > using them as startpoint or frame work if you prefer, can I sell
>> >> >>> > them
>> >> >>> > to
>> >> >>> > my
>> >> >>> > prospects?
>> >> >>> > And if not, what about using the blank publication, and make a
>> >> >>> > design
>> >> >>> > from
>> >> >>> > scratch? Would that still be considered a template that cannot
>> >> >>> > be
>> >> >>> > sold?
>> >> >>> > And if all of the above fails and nothing can be sold, can you
>> >> >>> > suggest
>> >> >>> > any
>> >> >>> > software that would enable me to design publications and the
>> >> >>> > likes?
>> >> >>> > Thank you for your attention and time.
>> >> >>> > --
>> >> >>> > Shiva
>> >> >>>
>> >> >>>
>> >> >
>> >>
>> >>

>>
>>


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