Using other people's artwork in your work

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Original Post

artgirlx says

I have been going through the etsy threads and looking for info. on what can and can not be used in artwork, collages, anything for resale and i found this site:

www.funnystrange.com/copyright/derivative.htm

I could never understand how ppl can use images from magazines and comics etc. sell it...i mean, i really avoid it because i think it's just wrong. Anyway, if anyone else wants to chime in, i am all ears! Mind you, its late and no one will see this tonight, haha.

Posted at 3:17am Jul 9, 2007 EDT

Responses

artgirlx says

Q: I make collages. Are there any problems that I might encounter?

A. Yes. If a collage artist incorporates any copyrighted material into the collage, there is a risk of infringement. In making a collage, it is fine to use your own work or work that is in the public domain. However, when collage artists take work from other artists, there is a risk of copyright infringement. As with fair use of copyrighted materials, one must inquire as to how much of the copyrighted work is used and the impact this use will have on the potential market for the copyrighted work. This is another instance where common sense and good judgment should rule.

Posted at 3:51am Jul 9, 2007 EDT

I guess legally, using someone else's images is a no-no. But it's hard to feel like I'm doing something horribly wrong if I cut up a magazine or newspaper that I BUY to use for a collage. It's mine, I bought it, why can't I do what I want with it?
It's a grey area to me. Like how you can buy licensed fabrics, but there are restrictions on selling goods made from it. Weird.

Posted at 3:58am Jul 9, 2007 EDT

artgirlx says

No, the images are not YOURS, they are owned by the photographer, the artist, or the newspaper.

www.owe.com/legalities/legalities5.htm

You are stealing someone else's work.

Posted at 4:01am Jul 9, 2007 EDT

artgirlx says

You probably aren't even allowed to call your soap, FRUIT LOOPS soaps! lol...i dunno.

Posted at 4:02am Jul 9, 2007 EDT

artgirlx says

So, if you bought a painting from someone, then thought 'hey, i am going to scan this and make thousands of prints and sell them...' that would be ok?

Posted at 4:04am Jul 9, 2007 EDT

castleman says

no it is likely that collage breaks copyright laws. etsy doesn't bother to enforce copyright laws unless the copyright owner actually insisted that they do. that's etsy's policy. so, since the people who own copyrights to things like magazine ads and such are unlikely to seek out violators, etsy tolerates it. in terms of calling soap "fruit loops soap" that violated trademark instead and is equally a problem. but unless Fruit Loops complains etsy will just let it go...

oh well...

Posted at 4:10am Jul 9, 2007 EDT

artgirlx says

Actually, the etsy rule states that if you flag it, they can remove it if they want to.

Posted at 4:12am Jul 9, 2007 EDT

castleman says

they won't...the only reason hello kitty stuff was removed is because hello kitty required them too.

Posted at 4:16am Jul 9, 2007 EDT

artgirlx says

So i guess everyone just tries to see what they can get away with for as long as they can?

Posted at 4:19am Jul 9, 2007 EDT