copyright questions

[irishkelly74]

I have read as much as possible about copyright and I know there is a lengthy description on this group already, but I still have doubts and questions. here goes: I purchased an "ephemera" collection from our local scrapbook store. It is a well known collection from "Hot Off The Press" and can be used for collages, altered books etc.. and says so right on the pages. But yet I am stuck now wondering where this fits into the whole copyright issue. It does say "not to be reproduced etc...." which i am assuming means I cannot use the images to make my own collage sheets to sell? Let me know if that sounds right. So, these images are useable in collages and atc's to sell though right? Also, I just bought a nifty little collage book called "Instant Art" by Suze Weinberg that has premade little collages, circles, slide mount images etc... and it says "for use in ANY creative way you like. tins, altered books, bottlecaps, collages, etc...." But then it goes on to say "No part of this book may be reproduced or utilized un any form or by any means, electronical or mechanical, including photocopying, recording, or by an storage and retrieval system without permission" Now I am assuming that means no scanning and saving, printing and copying etc... and using the image over and over or giving to all of your friends to use copies... But does this mean to NOT use in collages an art cards to sell? I am very confused by this. Hope this does not sound moronic, but I just want to be sure! Thanks!!!!

[katat0nik]

Hi Kelly, I'm glad you asked this, I always wondered about it too. I know for sure that these companies do NOT want you to copy & make your own prints of their material. However I am not sure where they stand as far as selling your collages goes. I took a look at "Hot Off the Press" & Suze Weinberg's websites and could not find any answers. You might have to call or email these companies to get a definite answer, unless someone in this group knows for sure? Anyone? :) Jane

[irishkelly74]

Thanks - maybe I will do that. I thought they wouldnt make it a copyright issue or how many people would actually buy these books? They are specifically made for artists who collage and do altered art and how much of our stuff can we keep? The majority of us artists sell what we make or at least alot of it. Hmmm... I will try and find out.

[artistjillian]

Usually for this there is usage stipulated. I even have a calendar by a well known artist that stipulates that the calendar may not be taken apart - specifically that the individual sheets can't be framed or used in art or craft works. Some companies allow 10 images only to be used in any one art work, for instance. Some allow 'hobby' use - but not for sale. I find some of it a bit funny as you might use it as a hobby, give it as a gift, then that person might sell it, not knowing the 'no sell' policy. Most papers and and accessories will spell out the use. They all are different in what they allow or don't.

[chelisesurfing_1]

Jillian is right here, as is Jane. Your best bet is to to call the company and ask. Some companies let you use their stuff in one time resell artwork - but not in work that you are going to reproduce. (IE, no limited edition reproductions..) There are hardly any - if any - companies that will allow you to copy a collage sheet and resell it as is. Some companies ask for clearly stated "credit" given to them if you use their images in your work. Others do not allow market based work (ie, work for sale) using their images, at all. AND, adding further confusion and incentive to call and find out - some companies offer royalty free images in books or collage sheets in one category and fully copyright protected books and images in another. (In example, Dover publications.) If you see a Copryight mark anywhere on the packaging - you can be certain the item is copyrighted. If you see a "trademark" or "registered" insignia - it usually applies to the companies logo but doesn't tell you much about the actual product. As with everything copyright in as much as it applies to the collage artist - there are no clearly defined rules or guidelines. The safest bet always is to never use anyone's pictures or clippings but your own - unless you are certain that they are copyright/royalty free and/or you have written or expressed permission to do so. xo - Chel

[irishkelly74]

Thanks- I have emailed the company and have yet to hear back. Now I am concerned because in my paper bag albums I use ephemera images from Hot off the press becuase it has only stated not to be "reproduced" which I take to mean not to make copies and sell as my own (which I dont), but I do use them in my albums becuase they are ephemera copies or images and I always state that in my auctions. hmmm.....I hope to hear back soon

[irishkelly74]

I still ahev not yet heard anything back. I assumed that becuase it says for collages, altered books, etc... that you are able to use them or I would not have bought this book. It says that it is for scrapbookers and artists to use the images. I also assumed that because it was not a reference book like a how-to collage book and that it is sold right along side all of the scrapbook papers etc... that it was meant for us to use! I am just not sure if you have to state in your auctions where your images are from. I also thought that wouldnt it be the same as Basic Grey, Daisy D's, and Foof-a-la selling scrapbook papers but copyrighting them so you can only use them in your own scrapbook pages and not sell albums made with these papers? That would be silly and they would make little money. I totally understand the part about not using any method to save a copy the images, like everything else in the scrapbook world, but I think they were made to be used .... Also, I purchased a CD from a seller, filled with images of Ellen Clapsaddle postcards. The seller stipulated in her auctions that people are free to use the images how they wish, but are not allowed to copy her CD and sell as your own. Any thougths on any of this??

[irishkelly74]

Too funny- I seem to be answering my own posts. I just got an email from Suze Weinberg who sells her collage book "Instant Art". Here is what she had to say: Kelly - you can go right ahead and make anything you like...I hope you make a million !!! SUZE _http://www.schmoozewithsuze.com_ (http://www.schmoozewithsuze.com/) Now, just waiting to hear back from Hot off the press because evry company can have different policies. just thought you all would like to know...

[beadtailrenee]

I think with the CDs the notice means you can't copy the CD and begin selling those copies yourself. I love to do collage. I try to use really old stuff from before 1931.

[irishkelly74]

It is ure confusing because I thought Ellen Clapsaddle's images were copyrighted yet I see them everywhere from people selling cd's with the images. I had bought one myself thinking maybe they werent copyright. Does anyone out there have any insight?

[ozarkgypsyart]

Kelly, I'm so glad you asked this. Wonderful of Suze, I hope she makes a million too :) Juli

[artistjillian]

There are certain types of copyrights. As I said, some let you only use 10 images in any one project, for instane. Some let you use them to make item - but not sell them. Angel rubber stamp companies have various 'rules'. Some allow you to only do a certain number for sale. All must be hand-stamped. It IS confusing - as everyone allows only separate rights. Most copyrights with paper and CDs mean that you can't make your own paper like it or reproduce the CD and sell it. Some do say that you can use the images to make craft projects, but if you were to print and frame just one image, and sell it, then that is a no-no. It really is a complex issue, which you can only find out the answer by reading any packaging that comes with what you buy, contracting the company, or visiting their websites. So that is probably why you are not getting difinitive answers from others here.

[artistjillian]

On the people selling the images on CD. It could be that they are infringing the copyright, or else have a license to produce the CDs. If you know the holder of the copyright, it is probably best to contact them, rather than the CD maker. Some people think that because they own an image, they have the right to do with it as they wish.

[katat0nik]

Kelly - thanks for the update! What a great response from Suze!:D