Reusing old magazines etc... copyright question

[Nobodyhasthisoneyet]

Greetings craftsters,

Apologies if this has already been discussed - I did a search for it, and couldn't find anything, but there are a LOT of different words that could have been used to say the same thing...

I make greeting cards, bookmarks, that sort of thing, using all sorts of interesting bits of paper and images clipped from magazines, wrapping paper, and generally anywhere I can scavenge them.

I'd like to turn this from hobby to business, but am not sure whether this is a copyright infringement.

For instance, were I to sell a set of coasters featuring photos clipped from a wildlife magazine, would I be illegally using the photographers' images?  Or, because I'm not actually reproducing the image - just modifying and reselling an existing reproduction - is it OK?

Who would I ask?  I'm planning to use Etsy to sell my stuff, so there *is* a chance of the photographer finding their stuff online and, if it's illegal, me getting toasted.

[bobbie2oo4]

Yes, generally that would be copyright infringement because what you are making is a derivative work.

Here are some posts for you to review:
http://www.craftster.org/forum/index.php?topic=2428.0
http://www.craftster.org/forum/index.php?topic=313681.0 (particulalry the response)
http://www.craftster.org/forum/index.php?topic=291498.0
http://www.craftster.org/forum/index.php?topic=314858.0

[Nobodyhasthisoneyet]

Thank you!  I wasn't sure if they would be classified as deriverative works or not, since I'm not actually reproducing the image - just taking the original (or little bits of it) and re-using it.

[loukr]

I'm not sure on the exact laws of this, but I can say that being a photographer myself, if I were to log onto etsy and see someone using parts of my work to make things with and sell for their own profit I'd be livid (bear in mind that some photographers get no pay for having their images published), not only because someone had taken my copyrighted images and used them, but would likely be making more money from my images than I would be myself.

On the other hand, being a crafter I can see the other side of it, and sometimes the images etc that you need, have to come from material such as mags and books.. It may be that you contact the photographer directly with an example of your work, and obtain permission that you may use their images (if any).

If you want to find out a rough price to obtain images for your own use, check out sites such as alamy.com shutterstock & istock and then take a look at the difference between the price for personal use & using the image for profit. - If you went down the road of not getting permission from the photographer, and they're professional (if their work is published, I'd assume they are) and found out you were using their work, then I'd be fully prepared to receive an invoice from the photographer, and expect it to be doubled, as you'd have already used the image(s), there's really no choice but to pay it!

In fact, with photography forums sprouting up everywhere online, and hobbyists are mingling with professionals, I'd expect the same consequences from using an amateurs' image too.

sorry if this post comes across as rude, it certainly isn't supposed to

Lou

[Nobodyhasthisoneyet]

Update... I've had a reply from the Australian Copyright Council (Life's been so hectic lately, I'd actually forgotten I emailed them until they replied!)

Here's the official word:

http://www.copyright.org.au/information/cit001/cit069/wp0049

This bit covers most of what I was worried about:

"You generally do not need permission if you do not copy – for example, if you use collage techniques in your artworks by merely cutting up photographs or by cutting out material from magazines or newspapers. Similarly, you do not need copyright permission to include fabric or other materials that contain pictures or designs (for example, cloth with Mickey Mouse printed on it)."