panthergirls wants to know.......

[panthergirl]

Hi to any quirkettes out there. As I'm all new to this stuff I was just after some info. Can you tell me the rules regarding use of pictures in a layout. I gather if you use a photo from say sxc with no restrictions thats ok?? How about using something like the betty boop pic that I saw on a ATC. Is that Ok? What about if you scan a photo or picture from a book or magazine and incorporate that somehow. Is that a copyright issue? Is it only a problem if you try and make money from whatever you make. Don't want to get in "trouble"! Thanks in advance for any info.

[webchyck]

Yeah, I guess it can be an issue, if someone wanted to make it one. Those images are copyrighted. But I sort of feel it's like an artist that cuts a picture out of a magazine and uses it in collage...especially when something is altered beyond its original usefulness or format. I'm sure most of us are doing our art for personal use only, rather than a commercial venture. We're just sharing our endeavors online, like "See what I did with all these things?"

I don't know of any big-name corporations coming after digital artists for copyright infringement, but there have been instances where digital designers (of scrapbook supplies) have been taken to task for copying designs. And recently, I did hear of one person who was asked by a commercial collage artist to remove something from a layout that had been copied off her web site. So, it's creator beware. I guess we expect you to follow your conscience, and let others follow theirs. We can all be responsible for our choices. Hopefully, if anyone gets some "heat" for using an image, they'll be able to rectify the situation without a big to-do.

[panthergirl]

ok - thanks. Dammit, I knew I should've bought that art book I saw last weekend.

[SteinwaysMom]

Most art books have specific stipulations against mechanical reproduction of any kind. Even if it's a picture of an old master painting, the photograph itself as published in the book is copyrighted. I think it's harder when you scan and reproduce vs. just taking a physical piece of paper and putting it in altered art. I would love to scan art books and use that stuff but it's pretty much a no no. I've even seen where these librarys that store scans of old artwork and prints in 'image libraries' won't let you use them except for research purposes or unless you pay them $$$$.

[panthergirl]

Okay. I was just going to use bits and pieces though. I like to make what I call scanner people. Cut out lips, eyes, hair, arms etc from mags or books then scan them and make people from all the bits and pieces. Wouldn't you be able to use a "piece" of a picture? (Sorry - just like to get things clear!!)

[Belles]

Geee I think I could do that from cutting up the faces off all my family and friends rather than scanning from magazines if I was worried about copyright issues with such things from magazines etc.

I do an exercise with my students at school where they cut up faces and bits and peices from magazines like this. Does that mean I can't do this then? Oh and I do another exercise that involves still life objects and textures from magazines as well -- does the same apply here? I have used some items that I did for one of these activities in a altered art image HERE (http://www.scrapartist.com/gallery/showphoto.php?photo=8116&cat=500&ppuser=2214)
Oh and I have done this HERE (http://www.digitalartquirks.com/photopost/showphoto.php?photo=1858&cat=500&ppuser=23)with a picture from a magazine.

Are you asking if these uses of magazine images are infringing copyright?

Oh dear now I'm confused and it sounds like I am asking you the questions, sorry.

[nicole hinrichs]

I would not worry too much about it untill you sell it. There are a lot of artist who cut things out of magazines, make new art with it and even sell it. It does not look the same and you are making something totally new with it. Maybe it is more of a problem if you use the original peace and say its yours.
my view on it

[webchyck]

I think one has to look at the spirit or intent of copyright -- which seems to me, strictly from a consumer's point of view-- to be to protect the creator's ability to profit from their work. If I go out and make 10 copies of U2's new CD and just give them to friends, that cuts into U2's profit--and everyone else's in the machine of making music CDs. If I cut out a picture from a magazine and use it to create a piece of art, that didn't infringe on the person's profit-making. They were paid their piece of that pie. If I take a person's piece of art off the internet and stick it in my magazine and sell copies without reimbursing them, then that is a copyright infringement. So, that is one aspect of copyright. But there's also the artist's ability to control how their property is used. For instance, I used United Artist's Peanuts comic strip off the internet for a recent ATC...this was without permission and against their written policy--their characters and comics are not to be reproduced in any way. They might not like the way I could have portrayed their characters. I mean someone could take Snoopy and put a swastika on him, you know? That's not in their best interest. So, yep, it was not legal. But the only way it is no different than if I cut 5 recent Peanuts comic strips out of the paper and glued them to a piece of paper is that I didn't buy a newspaper in this case. HOWEVER...there IS technology available that could render their online images inaccessible to the casual browser/saver of images. I've seen it used elsewhere. So, though one could argue that theft is theft, even if I leave my doors unlocked, I believe that the SPIRIT of copyright was not violated because I am not out mass producing five Peanuts comic strips or using my piece to make a profit in any way.

In the case of digital designers who give things away for free, we've seen this debated time and time again. They STILL hold their copyright, even if they gave something away, and you DON'T have the right to redistribute their product to just any old person, or put it up on file sharing group. They reserve the right to make a profit from their product and to distribute only as many free versions as they want.

So yeah...it's a scary subject to start messing around with. I think if you just play and think about what's fair to the artist, you will be fine.

[nicole hinrichs]

totally agree becky, well said.