Copyrights?

loosely, its "change an image 51% percent". But i would reccomend checking out some of the many copywrighted threads at craftster.org, there's a lot of the info you'll need there.

Posted at 10:45am Aug 16, 2005 EDT

If you just paste something to something else, like decoupaging an image to a box for instance, as far as I know that's copyright infringement. Even if you change it quite a bit you can still be violating copyright. It's a very grey area. I second the recommendation to check out craftster.org's various threads on the subject. They've been a world of help along with just plugging in random copyright related words into google.

Posted at 4:37pm Aug 23, 2005 EDT

Here's the link to the US Copyright Office. You can look up held copyrights here: www.copyright.gov/

Posted at 5:34pm Aug 23, 2005 EDT

Hmmm...I don't think that there is much gray area at all. If it's a copyrighted image, you can't use it without permission.

Perhaps Warhol didn't care if he violated the copyright. Probably trademark infringement if you're referring to the soup cans...

Realistically, regarding your situation, I don't know that the owner would a) see the art piece, or b) care, but if they do, you could have to pay them royalties, plus a penalty.

At least you can make an informed decision!

Happy crafting!

Posted at 2:52am Sep 16, 2005 EDT

Check into some copyright free clip art! Dover books has an enormous selection. I avoid anything that might be protected by copyright. If you're not sure, then you should check the copyright.gov site and search. If I want to use a logo or trademark, I ask for permission from the owner.
DYK You can protect your original artwork through services such as this---- www.ebsqart.com/

Posted at 10:40am Sep 16, 2005 EDT

I understnad all of this. But here's something I've wondered about ... If I go to an art or hobby store and pick up an item ... paper, say ... and it has Mickey Mouse or some other well-known character on it. And I use it to make something for sale. Since it's sold in an art/craft/hobby store where people PAY FOR craft supplies, whether for their own use or sale, and there's no licensing or angel policy info attached to it ....

Guess I'd better ask my lawyer friend.

Posted at 11:04am Sep 16, 2005 EDT

Usually, something like disney paper will say wether it can be used and then re-sold or not.

Tho personally, i would feel like i was cheating if i used something with a cartoon character on it.

Posted at 12:17pm Sep 16, 2005 EDT

I think most people would not make an issue out of it if you made one or two sales of something copyrighted, but if you mass-produced and really started selling them like hotcakes and made huge profits then they would probably feel you were making too much profit from their design, and want royalties. In some cases if you give the originator credit in your description for that part of the design that belongs to them they may not mind, but if you say you came up with the idea then that would not be O.K. Again, alot depends on the level of volume you're doing with it. That's what my trade magazines have said in articles on the subject. Often major manufacturers are the real culprits because they have the money to mass produce and sell things in many parts of the world where laws differ. Many have their plants overseas where labor is cheaper and they then send them here or export them to countries where the ownership of design-rights is less likely to be challenged. Most people are not too worried about the little-guy because his/her capacity for production is limited.

Many well-known designs such as Disney designs have fallen into the public domain after the originator has died. This may be the case with Mickey Mouse, and why the craft supply store is selling paper with the image on it to customers who make things.

Posted at 12:46am Sep 18, 2005 EDT

At the risk of being contrary, I think that people probably do mind if you use their artwork, even if you credit them. I know Disney does - in fact they are militant about it, and have pursued one-time violators. They have licensing agreements with other companies, such as those who print the craft paper, etc. As for Mickey & other characters, they are trademarked, which continues in perpetuity, so they are protected from unauthorized use. Many of the older cartoons have run out of their copyright protection, so the cartoon itself, not the character, enters the public domain.

Here's what the US Copyright Office says about it:

"Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including “pictorial, graphic, and sculptural works.” The owner of copyright in a work has the exclusive right to make copies, to prepare derivative works, to sell or distribute copies, and to display the work publicly. Anyone else wishing to use the work in these ways must have the permission of the author or someone who has derived rights through the author."

Hear it from the horse's mouth at www.copyright.gov/.

Now there is the "fair use" issue, but I think that mostly applies to quotes from a written document - you can use small portions, as long as you cite the reference.

Back to Charissa's original question, how do you find out if something is copyrighted or trademarked?

In essence, copyright occurs automatically as soon as a work is created as a "copy," that is when it is created as a material object that can be read or viewed.

So, the assumption would be, if you're seeing it, it's copyrighted.

The US Patent & Trademark Office has a trademark search engine. The are online at www.uspto.gov/. But, even if something is not trademarked, it's probably copyrighted.

But on the other hand, I don't know how much I would worry about it. I'm about to list some decoupaged items myself...[wink, wink]

Posted at 2:18am Sep 18, 2005 EDT