Ask Missy ZNE!

Dora the Copyright Explorer

I am trying to not tread on any toes regarding copyright issues but I do have a question.  If I make an item say a small wooden trunk and I use "licensed" fabric such as Dora, which I purchased outright, am I infringing on the Dora copyright with Nickelodeon?

These laws are so confusing and I certainly dont want to "steal" anything!!!

Love this site and hope to have some items finished soon for your contests, web postings, etc.

Thanks for a neat place for us altered artists to visit and learn.

Best Regards,

Cathy M.

 

The answer to your question lies in your intent for use behind the item you make.  Companies purchase a license to use Dora's image to create fabric, so that you can buy it from them to do crafty things.  It is obvious and understood that the end user will make something, be it clothing, a covered trunk, or anything else, with the fabric.

The potential for infringement occurs not when you use it to make something for personal use or which you plan to give as a gift, but when you either sell or publicly display your creations, and call them your own.

Some distributers of crafty items provide an angel policy of some kind, allowing crafters to sell a certain number of items using their licensed product line, without penalty.  The best way to find out is to ask the manufacturer.  If you are unsure of who manufactured your fabric, ask the staff of the fabric store where you purchased the fabric.

Good luck, and have fun!

I am trying to not tread on any toes regarding copyright issues but I do have a question.  If I make an item say a small wooden trunk and I use "licensed" fabric such as Dora, which I purchased outright, am I infringing on the Dora copyright with Nickelodeon?

These laws are so confusing and I certainly dont want to "steal" anything!!!

Love this site and hope to have some items finished soon for your contests, web postings, etc.

Thanks for a neat place for us altered artists to visit and learn.

Best Regards,

Cathy M.

 

The answer to your question lies in your intent for use behind the item you make.  Companies purchase a license to use Dora's image to create fabric, so that you can buy it from them to do crafty things.  It is obvious and understood that the end user will make something, be it clothing, a covered trunk, or anything else, with the fabric.

The potential for infringement occurs not when you use it to make something for personal use or which you plan to give as a gift, but when you either sell or publicly display your creations, and call them your own.

Some distributers of crafty items provide an angel policy of some kind, allowing crafters to sell a certain number of items using their licensed product line, without penalty.  The best way to find out is to ask the manufacturer.  If you are unsure of who manufactured your fabric, ask the staff of the fabric store where you purchased the fabric.

Good luck, and have fun!

Magazines, Soup Cans, and Rubber Stamps!

Missy I have two questions. Can I use magazine pictures in my collages? Can I use labels? Like campbells soup for example. I know you can use old labels. I was told that I can use any picture if it is a portion and not the whole thing. Also I contacted a rubber stamp place and they told me that I could not use their stamps in art work that I was going to sell. Have you heard of that before thanks for your help. cindy

Wonderful questions!  Both deserving of detailed answers, so here we go:

First things first, let's dispell this popular myth - much as we want it to be true, there is no clause found in any current copyright law that says that is ok to use someone else's copyright protected image if you change it or alter it or only use a small portion.  If - worst case scenario - you are legally challenged regarding the copyright status of images in your mixed media work - the plaintiff's burdeon of proof consists of showing that any percentage of their original work was used in "your" work - not that a certain percentage was used. 

I have long heard and appreciate the desire behind -  "If you change an image 50% [or insert percentage] or more, then copyright laws no longer pertain to the original image." - however, the former is a complete falsehood.

Likewise, labels and logos are usually (if not copyright protected as artwork) protected by trademark laws or the like.

In fact, even Andy Warhol was taken to task legally for his famous soup cans and though he did prevail, the complexities of why he won that particular case are highly unusual and should not be relied upon as permission or precedent to do the same thing.

Now, we do see labels and magazine content, etc. being used in some very high profile mixed media artwork - and to be scrupulous about the reason that this is possible, from a legal standpoint - note that one of two things has happened:

The content is vintage and now in the public domain.  (See wikipedia's helpful "public domain" definition for more info.)

or

The artist has received explicit permission from the original copyright holder to use the images/content.

Pacific Center for the Photographic Arts actually has a wonderful written review of copyright myths (dispelled) - written by an artist and lawyer - and I would suggest that all artists review this helpful text:

http://www.pcpaphoto.org/FOCUS/April_06/Copyright_Rules.htm

Now that we have cleared that up, lets move on to rubber stamps - there are instances when it is ok to use rubber stamp art in work for sale.  This is when the original rubber stamp artist and/or production company has provided a written policy (often called an "angel" policy) that states that it is ok to use the image.  If the company tells you it is not ok, then indeed - it is not ok!

So, if you want to use rubber stamp images in your artwork that you intend to sell, you are well advised to review their website and/or contact them directly in regard to their policy.  It is important to note that angel policies often differ from company to company:  Some may specify that some images are ok for use in saleable items, while others are not.  Others may state exactly how many items you can sell through clauses such as "no more than 100 duplicates" etc..  Also, some may require you credit them on the artwork itself, while others are less specific about this.  Be sure that you understand and respect their policies, in order to avoid any infringement issues.

Good luck, have fun, and enjoy creating!

Missy I have two questions. Can I use magazine pictures in my collages? Can I use labels? Like campbells soup for example. I know you can use old labels. I was told that I can use any picture if it is a portion and not the whole thing. Also I contacted a rubber stamp place and they told me that I could not use their stamps in art work that I was going to sell. Have you heard of that before thanks for your help. cindy

Wonderful questions!  Both deserving of detailed answers, so here we go:

First things first, let's dispell this popular myth - much as we want it to be true, there is no clause found in any current copyright law that says that is ok to use someone else's copyright protected image if you change it or alter it or only use a small portion.  If - worst case scenario - you are legally challenged regarding the copyright status of images in your mixed media work - the plaintiff's burdeon of proof consists of showing that any percentage of their original work was used in "your" work - not that a certain percentage was used. 

I have long heard and appreciate the desire behind -  "If you change an image 50% [or insert percentage] or more, then copyright laws no longer pertain to the original image." - however, the former is a complete falsehood.

Likewise, labels and logos are usually (if not copyright protected as artwork) protected by trademark laws or the like.

In fact, even Andy Warhol was taken to task legally for his famous soup cans and though he did prevail, the complexities of why he won that particular case are highly unusual and should not be relied upon as permission or precedent to do the same thing.

Now, we do see labels and magazine content, etc. being used in some very high profile mixed media artwork - and to be scrupulous about the reason that this is possible, from a legal standpoint - note that one of two things has happened:

The content is vintage and now in the public domain.  (See wikipedia's helpful "public domain" definition for more info.)

or

The artist has received explicit permission from the original copyright holder to use the images/content.

Pacific Center for the Photographic Arts actually has a wonderful written review of copyright myths (dispelled) - written by an artist and lawyer - and I would suggest that all artists review this helpful text:

http://www.pcpaphoto.org/FOCUS/April_06/Copyright_Rules.htm

Now that we have cleared that up, lets move on to rubber stamps - there are instances when it is ok to use rubber stamp art in work for sale.  This is when the original rubber stamp artist and/or production company has provided a written policy (often called an "angel" policy) that states that it is ok to use the image.  If the company tells you it is not ok, then indeed - it is not ok!

So, if you want to use rubber stamp images in your artwork that you intend to sell, you are well advised to review their website and/or contact them directly in regard to their policy.  It is important to note that angel policies often differ from company to company:  Some may specify that some images are ok for use in saleable items, while others are not.  Others may state exactly how many items you can sell through clauses such as "no more than 100 duplicates" etc..  Also, some may require you credit them on the artwork itself, while others are less specific about this.  Be sure that you understand and respect their policies, in order to avoid any infringement issues.

Good luck, have fun, and enjoy creating!

Tricky Inspiration!

Hi. I was wondering about the ethics of inspired art? If, for instance, you are inspired by another artist to make your own "version" of a particular work... is that wrong? What if you give credit? Does that make a difference? I come from a scrapbooking background and in that circle, it's called "scraplifting" and is well-received. But I realize that the art world is its own entity and subject to entirely different perspectives.

I have done some investigating into the intricacies of copyright law, but how do other artists feel about having their work "lifted?"

There is so much about altered art and collage that is nebulous. Where does ZNE stand?

Thanks.

~jdw

This is another multifaceted question and there is no one right answer.  Respecting the fact that on many levels, the answer depends on individual artist preferences, ZNE does not have specific "policy" or stance on the subject.

That being said ~ it goes without saying that copying or duplicating the artwork of another artist and calling it your own, is a clear copyright violation and not ok.  Copying another artists work or cutting it out of a magazine, etc. - and then embellishing it a little or changing it and calling it your own is almost always a direct copyright violation as well.  Steer clear of such actions.

As for "inspiration" ~ we are all inspired by one anothers' art at one time or another.  Whether it is a particular color scheme, composition style, or layout idea - we all have moments when we think to ourselves "oh how wonderful - I want to try that!"  When you add in the fact that there are many artists offering tips, techniques, workshops and books educating others about their art techniques - the fact that we see similarities in artwork styles between artists or directly inspired work is not suprising.

However, if you feel particularly inspired by a very unique style, or one which was clearly developed by a particular artist who has not publicly shared their style for others to use (ie, through a workshop or tutorial) then you would be well advised to try to contact the artist and ask them how they feel about your attempting to work in the same style.  A sample communication might be worded: 

"Dear Jane Smith,  I wanted to let you know that the sunrise images you so frequently use in your backgrounds really inspire me.  I would like to try using your same technique for a piece of art that I am working on, which I will be selling on eBay.  Obviously, I will not be duplicating your work exactly, but I was wondering if it was ok with you for me to add a comment to my listing:  "The sunset in this piece was inspired by Jane Smith's incredible artwork."  Looking forward to hearing from you - A Fan."

This way, you are offering to credit her for your inspiration, and she won't be taken by surprise if she's sees an similarity in style in your work.  If Jane Smith replies that she would really prefer if no one use her style in their work - you will have to weigh the possibility of alienating Jane Smith and/or any of her fans, against going ahead with your inspired piece of artwork.  However, that choice is up to you.  Legally, there are no clear restrictions on duplicating "styles."  In other words, this is more of an ethical issue than a legal one.

Finally, Missy ZNE would like to add this:

Remember always that your creative expression should be primarily guided by your own imagination and internal inspiration.  Following your inner creative spirit will help you to develop an artistic style that is truly your own and it is this output that most often impresses, touches, and inspires others - as well as fulfills us best, as individual artists. 

And, always - enjoy creating!

Hi. I was wondering about the ethics of inspired art? If, for instance, you are inspired by another artist to make your own "version" of a particular work... is that wrong? What if you give credit? Does that make a difference? I come from a scrapbooking background and in that circle, it's called "scraplifting" and is well-received. But I realize that the art world is its own entity and subject to entirely different perspectives.

I have done some investigating into the intricacies of copyright law, but how do other artists feel about having their work "lifted?"

There is so much about altered art and collage that is nebulous. Where does ZNE stand?

Thanks.

~jdw

This is another multifaceted question and there is no one right answer.  Respecting the fact that on many levels, the answer depends on individual artist preferences, ZNE does not have specific "policy" or stance on the subject.

That being said ~ it goes without saying that copying or duplicating the artwork of another artist and calling it your own, is a clear copyright violation and not ok.  Copying another artists work or cutting it out of a magazine, etc. - and then embellishing it a little or changing it and calling it your own is almost always a direct copyright violation as well.  Steer clear of such actions.

As for "inspiration" ~ we are all inspired by one anothers' art at one time or another.  Whether it is a particular color scheme, composition style, or layout idea - we all have moments when we think to ourselves "oh how wonderful - I want to try that!"  When you add in the fact that there are many artists offering tips, techniques, workshops and books educating others about their art techniques - the fact that we see similarities in artwork styles between artists or directly inspired work is not suprising.

However, if you feel particularly inspired by a very unique style, or one which was clearly developed by a particular artist who has not publicly shared their style for others to use (ie, through a workshop or tutorial) then you would be well advised to try to contact the artist and ask them how they feel about your attempting to work in the same style.  A sample communication might be worded: 

"Dear Jane Smith,  I wanted to let you know that the sunrise images you so frequently use in your backgrounds really inspire me.  I would like to try using your same technique for a piece of art that I am working on, which I will be selling on eBay.  Obviously, I will not be duplicating your work exactly, but I was wondering if it was ok with you for me to add a comment to my listing:  "The sunset in this piece was inspired by Jane Smith's incredible artwork."  Looking forward to hearing from you - A Fan."

This way, you are offering to credit her for your inspiration, and she won't be taken by surprise if she's sees an similarity in style in your work.  If Jane Smith replies that she would really prefer if no one use her style in their work - you will have to weigh the possibility of alienating Jane Smith and/or any of her fans, against going ahead with your inspired piece of artwork.  However, that choice is up to you.  Legally, there are no clear restrictions on duplicating "styles."  In other words, this is more of an ethical issue than a legal one.

Finally, Missy ZNE would like to add this:

Remember always that your creative expression should be primarily guided by your own imagination and internal inspiration.  Following your inner creative spirit will help you to develop an artistic style that is truly your own and it is this output that most often impresses, touches, and inspires others - as well as fulfills us best, as individual artists. 

And, always - enjoy creating!

Altered postcards - altered copyright?

Hi Missy,

I am a new collage artist. I see lots of postcards being advertised on ebay for collage, etc. Is it against copyright law to use pieces from postcards in a collage? Or for ATC? For instance, I did an ATC using part of a postcard from the Post Office (for personal use, not for sale cause I don't want to get in trouble). It is in my gallery. Is it ok to do stuff like this? Or can only vintage postcards be used? I like the idea of using pieces of postcards but only want to do so if it is ok. I do want to sell some of my work too, so I don't want to use them in pieces for sale if I can't. Thanks.

Kathy

Again, the answer here is not simple. 

In the case of your altered postcard that you did not sell or publicly display (such as in a gallery, etc.) - in general you can assume that no laws were broken.  You can look at this way - once you purchase a piece of art - whether it is an original Picasso or a mass produced Bugs Bunny postcard - it is yours to do with as you wish.  If you cut it to shreds, spill paint on it, draw a mustache on a face - or whatever - that is entirely your perogative.  There is no law against defacing or changing art that you yourself own.  The copyright laws come into play if you photograph, sell, or otherwise state that the "new" artwork is your own - if in fact it contains copyrighted images or original artwork that belongs to someone else.

Now, as for the specifics of your question regarding postcards for use in collage work - the question in general has to do with whether or not the post card image is now in the public domain.  You can pretty much bet that post cards that have images of brand names, well known characters, logos, etc - are copyright protected - no matter how old they are.

As for other images, the following information is taken from wikipedia:

"Copyright protection is granted only for a certain period of time. Different countries have different copyright terms: in some countries, copyright expires 50 years after the author's death... others have a 70-year period...[and some for longer periods]. Many countries also have special rules, depending on when a work was first published, whether it was first published in that country or not, whether the author is known or not, and other things."

So, to oversimplify - depending on which country the image and copyright originated in - the image may become public domain (copyright free) anywhere from 50 years to 70 years (in the U.S.) after the artist's death.

Knowing exactly where an image originated, who held the original copyright, whether or not it has been transferred, and the date of the artist's death (if they have died) is very tricky.

As with ALL copyright issues - ZNE highly recommends that you educate yourself on all these facts, explore copyright status of your images with due diligence and use (or not) images according to your best judgement.

If ever you anticipate that your artwork will be licensed, mass reproduced or sell for large amounts of money - you are well advised to consult an attorney specialising in copyright law.

Copyright? Who's right? My right, or their right??

I found some great images in a Disney catalogue. Can I use them in a mass marketed licensed collaged postcard series?

Ah, hon, I hate to say it - but unless Mickey gives you written permission to use his image, the answer is no.

Copyright laws may seem like murky waters to the collage artist, but there is really only one fail safe answer if you have a question about using an image: Unless you created the image from scratch, OR, you have explicit written permission from the person who did create the image - do not use it in your own work. There are some exceptions, but you’d do well to consult a copyright lawyer to get more information about THAT. Otherwise - you use images at your own risk, and highly recognizable images, like cute lil’ Mickey are NOT recommended!

A great resource for the collage artist when it comes to copyright law is the following article: http://www.funnystrange.com/copyright/index.html

Another great resource for collage artists who like to incorporate multiple images in their work are “angel” rubber stamp companies.

Angel rubber stamp companies have written policies that allow artists to use their stamp images in their art, for one time or limited resale purposes.

To access links to angel rubberstamp companies, see our “Links” page, or click here.

To access links to copyright free image sources, see our Links pages or click here.

To learn more about copyright law, see our links page, or click here.

And don't forget to check this page out - too: