ClickArt contains 1,200,000 images you can’t use

We don't like to write negative reviews. We'd rather have the company fix the problem and then tell you about products you should buy. But when a company goes out of its way to snooker our readers, we need to let you know. In this case, the company is Broderbund, the product is ClickArt 1,200,000. Don't buy this product.

We're very disappointed in Broderbund, one of the oldest, and heretofore, one of the most respected PC software companies. But with the ClickArt product, Broderbund has gone out of its way to rip you off and, potentially, set you or your company up for some serious liability.

The issue is this: a clipart collection is purchased so you can use images in your projects. Some collections have restrictions on use. That's ok if the restrictions are made clear at the outset. Our complaint with the ClickArt product is the big text on the packaging indicates that you can use the product for anything, but the very, very, very small print says the opposite.

Special thanks go to reader Erika Birgit for pointing out this $49 product, which she bought in her local CompUSA store. She tells us she has a small online blog, from which she makes a few hundred dollars a month. Thinking she could spice up her site, she bought the product, shown in Figure A.

Nothing on the box's cover indicates any limitations on image use. In fact, the promo line "Professional Business Templates" seems to imply that the product can be used for business.

Turning the box over provides further misrepresentations. As you can see in Figure B, the packaging indicates the product is perfect for any project.

As you can see, the promo box lists projects like brochures, business presentations, newsletters, stationary, signs, and Web pages. The lower promo box again talks about business templates.

For $49, this seemed like a great product and Erika decided to make the purchase. It wasn't until she got home that she noticed the very fine print at the bottom of the box. And when I say very fine print, I'm talking about 2-point type. You can see this in Figure C.

In the figure, we've flagged the offending text by surrounding it in a red box. No such spotlighting was done on the packaging. So what does it say? Here goes:

The images contained in this product may not be used in any product that is to be sold, and certain content contained herein may not be used in any print or electronic media of an editorial, commercial, promotional, or corporate nature. See CONDITIONS FOR USE.

Let's recap. The packaging specifically suggests uses like business templates, Web pages, and newsletters, but the very small print (smaller than Lincoln's nose) says you can't use "certain content" from the product in any print or electronic media that's editorial or commercial or blah, blah, blah.

Did they define "certain content" anywhere in the product, its packaging, or its documentation? Nope. So although, presumably, some of the content isn't subject to the "may not be used" restriction, you have no way of knowing which content is safe to use and what could get you sued, fired, deported, or excommunicated.

We checked the product's Web page and while the Web page also talks about lots of features and benefits, there's no indication at all that you can't use it for, well, anything but a home or school project. The interesting thing is that you can't even, really, use it for home or school if your project is, for example, a newsletter. That's a project of an editorial nature and is strictly verboten.

One final thought: it might be possible for someone with very good eyes to read the tiny print on the package at CompUSA. But if you were to buy this product online, there's literally no way you could know about these restrictions until it's too late.

How bad can it get?

So you get ripped off for $49. So what? The interesting thing here is your potential liability. Nothing in the license agreement states limits or the extent of remedy if you violate the agreement.

Let's say you didn't notice the 2-point type usage limitation and you put one of these images in your corporate brochure. At some point, someone at Broderbund gets a copy of your brochure. You happen to work for a relatively large company and Broderbund thinks there might be some money in suing you. All of a sudden, your nice, little $49 product could lose you your job and could cost your company a lot of money.

Don't think it'll happen? Think that your liability is limited to the purchase price? Think that Broderbund won't bother suing you because it's silly to sue over clipart? Not so fast, Batman. Ever hear of the RIAA? These suckers are suing grandmothers and college students for hundreds of millions of dollars.

I'm pretty pro-business (after all, I own one). But I've long ago learned never to underestimate the potential nastiness of our corporate friends. Just because the idea that Broderbund might sue over the use of clipart they sold you seems utterly obsurd doesn't mean it won't happen.

That was Erika's concern as well. She wanted to use some pretty pictures in her blog. But very well aware (smart lady!) that you need a license to use images, she just took a $49 loss and looked elsewhere.

Yep, the box had been opened, so she couldn't return the software to CompUSA. Oh, and our calls to Broderbund's press relations folks went completely unanswered. Can't say that's a surprise.

Don't buy this product. We give it a 0 out of 5.