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!