Scrapbook paper copyright?

[KayW]

Hello everybody!

I am a children's author. I'm in the process of illustrating a board book with photos in a scrapbook style (title: Baby Toes) I am planning on making most of my own elements--I'll take pictures of cloth for my background, buttons, bows, etc...

I was wanting to take photos of some scrapbook paper to use as well. But I did notice the sheets are copyrighted. I want no trouble with copyright laws. I also haven't figured out how to make photoshop brushes and wanted to use some footprint and lipprint brushes I found online.

What is the copyright laws on such items? Do I need to get permission? Pay? I'm clueless.

There is a high-probability this book will be published by a major publisher, so I really need to know the whys and wherefores and appreciate any help I can get. Thank you!

Also, is material print copyrighted? I could get whatever backgrounds I need from material.

Karma

[Amanda]

Hi Kay,
Yes material is copyrighted. Scrapbooking paper is also copyrighted.

If you want to use digital scrapbooking backgrounds - you need to email the individual designers for permission. Each will have their own rules for using their work and how much you need to pay for a commercial license.

FYI - DSP does not allow any of its graphics to be used commercially without prior permission. This includes the Scraps of... CDs, Club Digital, and anything else in the store that has DSP Designers as the manufacturer. For everything else you will need to contact the designer directly.

[KayW]

I can understand that paper is copyrighted, but material? So how do you get permission to use material in a book? This seems to me almost ridiculous. I'm talking basic gingham fabric and calico! I'm also curious how there can be so many pictures of quilts in cards, wall art, etc.. if the material is all copyrighted.

Any help is appreciated.

I don't plan on using anything except my own photos as far as elements and embellishments. I'll just shoot shots of it on a chroma background and select it out in PS.

Karma

[lisarosa2310]

Hi Kay.
There are tutorials around on creating digital gingham fabric, and pretty much any other type of fabric. Or look into free clip art and try adn make something using that (although im not sure about copyright on those?)

If you make them yourself then you wont have to worry about copyright. Squares, stripes, circles, stars.. all kinds of simple shapes can be used to make fantastic papers.. so do photos of flowers, the sky etc..apply a few filters and you will have your own great papers to use, and they dont take much time or skill to create.

Just my thoughts :)

[Amanda]

Someone had to design that material - and that company holds the rights to it. :)

It's very easy to create your own Ginghams, etc. Take a look at our tutorials section or consider purchasing commercial licenses.

[Emma]

yes, fabric is copyrighted, often printed on the selvage edge or bolt end label. Things like gingham are not. Ask at the fabric store, they might know which are copyrighted and which are fair use designs.

If the copyright is printed on the selvage, or on the paper edge, or you know the digital designer's name, then you have an easy way to contact the manufacturer/copyright holder and ask permission. If you don't know who to contact, steer clear of the product!

What software are you using? Taking an element-creation class here will help tremendously. Lauren Bavin, Lori Davis, and I teach them for the various softwares. That way you're sure to be clear of copyright issues, and for simple patterns they'll be fast and easy to create.

another good option is to go to www.imageafter.com and www.sxc.hu and use those royalty free photos. Some photographers ask for credit or permission when using commercially, but they almost always give permission for free. You can then digitally alter them as you need.

Some copyright holders require you purchase a license, which may or may not be cost prohibitive, some will not release it, some will just say, "Whatever, go for it," but keep those in writing anyway!

[KayW]

Thanks to all. I certainly don't want to infringe on copryright laws. As a published author I'm very lax about such things regarding my own work--realizing that most copyright infringements actually generate sales for my books (it seems to work that way with picture books). But I do want to obey the law. It just seemed that things like Gingham should be fair use. I mean just about every gingham created is just copying older gingham, isn't it?

I would really prefer most, if not all, of the elements in the book to be photographs I've taken. That's kind of what will make the book unique. So if I have to create backgrounds then I will, but I would prefer using photographs.

What about vintage fabric? I've found some lovely gingham on ebay and it's from the 1950's. Color is not an issue really as I can change one-tone fabrics like Gingham to any color on the color spectrum in PS. Digital art is very fun for me.

I use PS elements. I'd love to get PS CS, but it's so expensive! I tried to follow a gingham tutorial from another site, but the selection tool in PSE didn't have the options required, and as I said I would love to take photos.

And I'll definately make some paper in PS. I need to learn how to create brushes at the moment too. Is tha possible in Elements?

Karma

[LadynRed]

Vintage fabric may very well be in the public domain. I would highly suggest looking into Dover Publications, especially at their vintage and clipart collections - all of which are in the public domain and would not give you any copyright nightmares. They have TONS of stuff that you can use, including vintage fabric patterns. Their website is www.doverpublications.com.

[Amanda]

Yes you can create brushes in elements. Just whatever you want your brush to me - have it be the only thing on the canvas. Then go to edit>define brush.

[KayW]

Thanks! That's easy enough!

Karma

[KayW]

Oh, I'll have more fun with that brush and pattern maker!

Karma

[Emma]

yes, it's awesome to be able to make your own brushes and patterns. I teach a few classes you'd enjoy: DSU 261 Creating Elements for Beginners in PSE, 361 Advanced Element Creation, and 270 Brushes in PSE.

The 261 class covers gingham and other patterns, fibers, ribbons, making and using brushes, and I release all the presets I include for commercial use with proper crediting.

Have fun playing, PSE is very powerful, especially if you get presets that make it more functional. In your case, when downloading brushes, patterns, layer styles, etc you'll need to make a not of which are for personal use only, and store the ones you can use commercially in a separate folder.

[moe]

I have a question on the copyright law, My friend owns a online scrapbooking store and she has some beautiful papers and I have bought some of them from her and scanned them and used them as my backgrounds when I'm digital scrapbooking. I have only ever used them for my own personal use. I've never ever posted one. But if I were to ever even post one would that infringe on copryright laws?

[Amanda]

Are they paper she created or created by others and she just sells them?

If they are papers she has created herself and given you permission to scan and use them, then you are find.

If they are papers created by others and she just sells them, yes you are possibly violating copyrights. If you have used that piece of paper "scanned" more than 1 time and then not deleted the file from your computer completely and destroyed the original paper you scanned you are violating copyrights. You only paid for their piece of paper once and you are using it over and over. Even if its for personal use its still not allowed.

HTH! :)

[Emma]

yeah, if you use the scan just once and don't use the actual paper, that should be allowable, but some copyrights restrict ANY reproduction, including one-time-use scans. Best to ask the copyright holder for permission. Most will say for one-time digital page you're fine. If she's really nice she may permit you to use the actual paper on a paper scrapbook page too. POSTING the page isn't what violates copyright, it just may draw attention to the violation by displaying the work publicly. The violation is the reproduction (IF it is a violation, every holder has different rules.)

[Judyy]

Someone alluded to this already, but I think it bears emphasizing: whether a pattern or print or design or anything in print, really, still comes under copyright law depends on how old it is. Different countries have different time limits, but generally copyright lasts for a certain number of years and after that, the item moves into public domain. So if you're talking about older designs, they may not be covered any longer by copyright law. Always best to be sure before you use it though.