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21  PAPER CRAFTS, SCRAPBOOKING & ATCs (ARTIST TRADING CARDS) / Artist Trading Cards (ATCs) / Re: ATCs and copyright on: January 16, 2007 09:19:43 PM
Okay, I'm a massive dork and decided to research this.

The term "fair use" is not the correct one, it refers to reproducing parts of a copyrighted piece for education, criticism, etc.

Most of our work falls under "Derivative Works," which means we are altering the original to create a new work. It depends on what you do with your finished work, what effect it will have on the original, and how much of the original you used. 

If it is public domain, as long as you put some creative effort into it, it's yours to play with.

If the copyright is still good (until 70 years after the artist dies), it gets tricky.

The basic guidelines seem to be that you must alter the work to use it (you can't just print/cut out a photo and call it your ATC).  It can not be damaging, or infringing on the originals ability to make their own derivative works.  For example, if Disney decides to make their own ATCs, or even if they think they might possibly want to some time in the very distance future, they can sue anyone who uses their images in ATCs.  Extreme example, I know.  Just buying a book of images does not seem to give you the right to use them.  You need to buy or get permission per image, I believe.

Now if this makes sense to anyone, I'll be amazed.  I'm not sure if I even understand all of this.

Claustrophilia - Based on what I read, altering the paintings is fine, however it is the postcard company that owns those specific prints of the paintings.  I believe that since you (or your mom) bought the postcards they are yours to use, under the "first sale" rule.  You cannot, however, reproduce the images.  Although, I believe that means you can only use each image once, they probably didn't have transfer techniques in mind when they wrote that law.  Silly judges for not realizing that you need the image to be printed in toner ink.

Here is one site that I got great information from and has a good FAQ about derivative works: Chilling Effects Clearinghouse: Derivative Works.  They have a lot more information, I just wanted to keep to the original question.
ArtLex Art Dictionary has basic information and several links to other sites about copyright.
10 Big Myths about Copyright does say that infringement is infringement whether you sell it or not. (sorry ladies!)

Disclaimer: I am NOT affiliated with the law in anyway.  In fact the closest I get to the law is that one day I'll probably be arrested and/or sued for breaking it.

Wow, I'm even more of a dork than I thought. Now that I've researched all of this, I'm going to continue to make ATCs that break almost every law.
22  PAPER CRAFTS, SCRAPBOOKING & ATCs (ARTIST TRADING CARDS) / Artist Trading Cards (ATCs) / Re: ATCs and copyright on: January 16, 2007 08:04:41 PM
Using copyrighted images without permission is illegal, no matter what the use.  However, no one really pays attention to it until you sell it (unless it's Disney, they sue everyone who even thinks "Mickey Mouse").  I just got home, so I'll try to find some information to back this up.
23  PAPER CRAFTS, SCRAPBOOKING & ATCs (ARTIST TRADING CARDS) / Artist Trading Cards (ATCs) / Re: ATCs and copyright on: January 16, 2007 05:59:41 PM
I believe, and I'll try to find references later when I'm home, that a replica (ie photo) of a painting is not breaking the copyright of the artist. However, that specific photograph can be copyrighted.  Basically, it's not Van Gogh that you'd be violating, it would be the postcard company. But it would probably fall under fair use.
24  PAPER CRAFTS, SCRAPBOOKING & ATCs (ARTIST TRADING CARDS) / Artist Trading Cards (ATCs) / Re: JANUARY ATC GALLERY on: January 14, 2007 02:06:49 PM
Yes...that is why it takes me at least a day or more (no lie) to make an original ATC.  I think, I research, I plan, I gather, I craft, I revise, sometimes I trash and start over, and I pick it to death for all it's shortcomings...and in the end, I still know...I could have done better.  It's a curse, I tell you!

Are you my long lost twin sister?  You are describing me perfectly.  It drives my professors nuts.
25  IMAGE REPRODUCTION TECHNIQUES / Stenciling: Discussion and Questions / Re: stencil over a stencil??? on: January 12, 2007 11:00:23 AM
It depends on what was used to stencil. If it's paint, it's on for good.  You could try hot water washing it, it may fade the image some.  Otherwise, it should be no problem to cover it with paint, no special treatment needed.  Maybe you could incorporate it into another design, or make a background for your stencil to cover the first image?
26  PAPER CRAFTS, SCRAPBOOKING & ATCs (ARTIST TRADING CARDS) / Artist Trading Cards (ATCs) / Re: Share a technique on: January 11, 2007 08:25:42 AM
I should definitly do this, I have like 7 or 8 rolls of clear packaging tape left over from a project....hmmmm... that's a lot of ATCs.
27  HOME SWEET HOME / Interior Decorating: Completed Projects / Re: Bathroom sink MOSAIC on: January 10, 2007 07:44:18 PM
That's.....amazing.  I hope you can create an even better one in your new home.
28  PAPER CRAFTS, SCRAPBOOKING & ATCs (ARTIST TRADING CARDS) / Artist Trading Cards (ATCs) / Re: JANUARY ATC GALLERY on: January 10, 2007 10:10:51 AM
I love the Swing card, it just looks exciting.
29  MISCELLANEOUS TOPICS / Craftalongs / Re: "I want to submit my work for publication" -a-long on: January 09, 2007 08:51:58 PM
Oh! It's crazy that I just found this thread yesterday.  Today I got a call for a freelance job offer to illustrate children's books.  Woah.  I don't think I'll do it, it's not my area of talent, but I will meet with the man and see what he has in mind.  It wouldn't hurt and it includes a free dinner! It's my brother's friend's parents' friend (I know, long chain). 

I would just like to say that this is a direct result from me carrying my portfolio with me everywhere.  I have it on DVD and now on my video ipod I can carry my videos and eventually my photos.  I showed it to a few people (including the guy offering me the job) at a christmas party and less than a month later I have a job offer!  Carry your portfolio, or at least a business card with your website address everywhere!

Sorry, I'm just kind of excited.  I'll let you know how it goes after Saturday.
30  MISCELLANEOUS TOPICS / Craftalongs / Re: "I want to submit my work for publication" -a-long on: January 08, 2007 01:53:20 PM
Oooh...I could use this.  Between Craftster and my professors, I might actually do something this semester.  My campus just installed an Art-o-Matic which they've invited us (the students) to fill.  I really want to make dvds of my stopmotion animations for it.  There is another contest I want to enter some of my videos in.  And maybe, possibly, start submitting my work to galleries? That's a huge scary step, that I'm definitly not ready for, but would like to dream about.
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