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Topic: Copyright Info / Using Other Peoples' Images / Etc  (Read 56776 times)
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enemyroses
« Reply #10 on: February 02, 2004 01:00:57 AM »

woo! that helped a lot, thanks!  Smiley
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« Reply #11 on: February 06, 2004 01:59:14 PM »

hey there--
sorry if this is something that has already been covered...i wasn't sure how to properly word a query to search for the topic...
what i'm interested in is the legality involved in uses other people's images on items that i make and sell.  on the site i've seen tons and tons of great ideas and crafts using trademarked packaging and frida kahlo prints, for example, to make handbags...or the thread on making stencils and such from images of famous people.  
by selling an item using someone else's trademarked or copywritten image, am i doing a bad thing?
it's all sort of academic at this point, as i'm not selling anything, but i've been thinking about it and i just wasn't certain.
thanks for any help or thoughts on the matter!
cheers--
annette
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« Reply #12 on: February 07, 2004 12:05:55 AM »


by selling an item using someone else's trademarked or copywritten image, am i doing a bad thing?

In short, yes.  At least, if you're using it without permission.  If you know something is copyrighted, you'll need to get permission from the owner of the copyright to use the image.  I know this is usually relatively easy for non-commercial purposes, but I don't know about commercial ones.

In regards to all the other people out there using copyrighted images to make cool stuff, they either: 1) have permission to use the images, or 2) are doing something illegal.  Now, that doesn't necessarily mean they'll get sued; I'm sure most big corporations won't go after small handmade craft vendors, for example.  It's not worth their time and money.  But...ya never know.  So my advice would be, don't use ANYTHING copyrighted without permission unless you absolutely can't resist.

(As a law student and former legal assistant, I am more than a bit paranoid about these things.)  Wink
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« Reply #13 on: February 08, 2004 08:48:35 AM »

Just because you 're using a copyrighted image doesn't mean you're doing something illegal. There's this thing called Fair Use. Why doncha swing by the libra-I mean Barnes and Noble and have a glance at one of those craft business books...

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« Reply #14 on: February 08, 2004 08:56:11 AM »

Most of the time, Fair Use applies only to non-commercial uses.  You can also read more about fair use and other copyright rules at the website for the US copyright office:
www.copyright.gov.
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« Reply #15 on: February 08, 2004 02:02:07 PM »

thanks for the responses!  fair use and public domain were the ideas i was kicking around and i just wasn't sure how to tell if something was okay or not.  i'll do more research.
the other issue was in taking someone else's image and manipulating it.  i remember reading that if you made a certain percentage of change to a piece of music, then it was "new" or something, and i wondered if that applied to an image, as well.  (i've been making paint-by-numbers out of online porn, for example...)
thanks, again!
annette
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« Reply #16 on: February 08, 2004 04:42:28 PM »

If you read the info at the copyright office, you'll find that there is no truth in the "changing a percentage of" idea, with regards to music or otherwise.  The simple fact is, copyright is copyright.  You can use parts of images or music as parody without infringement, as in Weird Al, or Mad Magazine.  But, for instance, I was once told that if you changed 10% of a digital image, it would save you from copyright infringement.  Well, just think about that.  You could do no more than change the colors of an image and by that rule, have avoided infreingement.  Surely that doesn't make sense.

 Basically, it's kind of a grey area, and the copyright office makes that pretty clear.  If you use someone's work, and they don't sue you, you'll probably get away with it.  If you use someone's work, and they do sue you, its up to the courts to determine whether you've actually infringed upon copyrights or not.  

Of course, I believe that "found art" can also fall under its own copyrights, and if you are using found objects that happen to have copyright protected images on them for pieces of textile art, (for instance) you may not qualify as a criminal.  

Public domain is also pretty complicated, but there are some good websites out there that explain it.  
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« Reply #17 on: February 19, 2004 10:55:01 PM »

so i've notice a lot of new business owners had inquiries about copyrighting things and all the legal things. anyway, when i was looking around, i stumbled along this site and it looked pretty helpful.

it says knitters guide to copyright but i'm sure it's helpful to everyone in some way. http://www.girlfromauntie.com/copyright/index-guide.asp
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« Reply #18 on: February 23, 2004 01:35:42 PM »

i have a project in mind to use retro art to repurpose and sell. anyone know the particulars on whether/not art found in old magazine clippings and advertisements is considered public domain? would i run into clearance issues if i used these clippings to make crafts and sell them? by the way, any suggestions on where i should look first?  i would really like to find a book on american memorabilia from the different decades. i'll do a search online but if anyone has a particular book they ran across, i'd love to hear about it!

just want to stay on the up-and-up...

k.hill
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« Reply #19 on: February 25, 2004 10:29:48 AM »

It depends upon, among other things, the age of the art.  Here's a few links to help ya:
http://fairuse.stanford.edu/
http://www.benedict.com/
Nolo

Hope this helps.
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