Question about Copyrighted Images

[sarah04]

Has anyone read about the legal rights with images and altering them to make them your own?

What about the images already in Microsoft Digital Images? Can you alter those or stamp a paper with their images and then turn around and sell that paper?

Any insight or web sites where I can read about copyright law?

Thanks! :)

[Emma]

simply put, no

you cannot redistribute, for sale or for free, any copyrighted images, even if you alter them significantly. If you start with it, it is still theirs. If the copyright allows for such use, however, with terms such as commercial free or royalty free or public domain, then you can do it. With anything aside from public domain, you have to credit the original copyright holder still.

copyright law is confusing which is why attorneys dedicate their whole lives to it! In simplistic terms, if you are depriving someone else of the income or recognition (if they're giving it away) that they would earn then you are violating copyright. If in doubt, always contact the actual copyright holder and ask to know the specific restrictions or ask for exceptions.

[sarah04]

Thanks Emma.

So, that leads to another question. How are the digital kits made? Are they all hand drawn and original works of art?

And, Microsoft Digital has backgrounds that are rainbow colored... I wonder if those fall under the same law?

Thanks for any info:)

[Emma]

YEP! from the terms of use page linked at the bottom

"COPYRIGHT AND TRADEMARK LEGAL NOTICE (last updated 9/26/2005)

Images of products displayed on this website are copyrighted and trademarked by their respective owners and are displayed with the express permission of the copyright and trademark owners. Any reproduction without express permission from the copyright or trademark owner is a violation of law and is prohibited. DSP and the developers of this site disclaim all liability related to the unauthorized copying, reproduction, or other misuse of the images and products displayed.
All digital scrapbooking images offered for sale or for free at www.digitalscrapbookplace.com are copyrighted by Digital Scrapbook Place, Inc or the individual designer as indicated in the text file included with the products and are for personal use only unless permission from DSP is granted. Please read the End User License Agreement. They may not be reproduced for sale or redistributed in any way without permission from DSP. No commercial use is permitted without permission from DSP. Click here for distribution or commercial use information. Do not use any images for obscene, defamatory, or immoral works or any other purpose that is prohibited by law. If you post scrapbook pages or other projects online or submit them to magazines using any of these images, include the CD or product title and Designer's name and/or www.digitalscrapbookplace.com in the credits. Please respect the terms of use of any site on which you post layouts. Feel free to lightly modify any images (size, color, etc.) as it suits your photos or your fancy. Most importantly have fun!

Plopper™ is a trademark of Digital Scrapbook Place, Inc."



As I mentioned, if public domain artwork is used, then the derivative art made from it is copyrighted by the artist. If commercial or royalty free artwork is used, then it will be credited in the Terms of Use file that accompanies each kit. The artwork is copyrighted by the original artist, and the derivative art copyrighted by the kit designer.

[kat_75]

I have a question about copyright, as well.

I am musing ideas on pages to do in a press-printed memory book I'm having done for my grandmother-in-law's 75th birthday. The vast majority will be pictures I took myself.

Question 1: I would like to scan in the handwritten signatures/sentiments on all the cards she received and piece them together to put in the back of the book. Would a professional printer have an issue with printing this scanned page?

Question 2: What are the copyright rules for inserting quotes and phrases into your scrapbooks? I'd like to insert some Bible verses (which I dont think I'll have trouble with) and maybe quotes from poems or famous people. Is it enough to just cite the source, since I'm not selling this product or gaining monetary value? (personal use) If not, what's the protocol?

Any clues? :)

[debbers]

Some versions of the Bible are copyrighted and require permission and/or licensing to use. Anywhere. Even in church.

Some poetry will still be copyrighted, some will have fallen into the public domain.

A professional printer isn't going to have a heart attack with a scan of hand-written cards and notes. But if you take in a book of poetry, he'll know that's copyrighted.

Emma's so right ... copyrights are a vast and ugly desert. And they just got far more complicated and restrictive when we passed the DMCA.

There'll be terms of use for pretty much any collection of images you buy, or that come with your computer or software. That will tell you which kind of rights are being held back or given to you.

And just because they're at Google Images doesn't mean you can use them.

But there are royalty free, and free or low-cost images available in all sorts of places on the Internet.

Now, add to that ... copyright laws change by the country.

We're having fun now!

deb

[mariafer]

Question 2: What are the copyright rules for inserting quotes and phrases into your scrapbooks? I'd like to insert some Bible verses (which I dont think I'll have trouble with) and maybe quotes from poems or famous people. Is it enough to just cite the source, since I'm not selling this product or gaining monetary value? (personal use) If not, what's the protocol?

Any clues? :)

I thought that if you were just doing it for yourself and not selling you could use the quotes and bible verses in your personal books. Is this because she is saying she is having it press printed? Is this different from like printing hardbound books through internet sites... just out of curiosity... Thanks, Maria

[debbers]

Selling really has very little to do with whether something is copyrighted or not. (It would have a LOT to do with how much of a penalty, fine, or judgement you get if it came to court, though.)

As far as quotations, if I'm not distributing, performing, selling, broadcasting, or copying it AND I purchased a copy of whatever it came from AND it is for my personal scrapbook - I have no problems sleeping at night. Is that the legal definition? I have *no* idea whatsoever. I doubt that you could get your copyright attorney to say more than "That sounds pretty safe if that's what your decision to do is going to be." Because copyrights really just are a vast, murkey wilderness.

I would NOT get the text of a poem from the internet and use it if I had not bought the book, though.

From time to time I will see a kit here at DSP and want to use part of it in something at church - and every time, I write the Designer for permission before I start making any plans. Because, well, that's not personal.

But I'm not a lawyer, I just kinda deal in the minutia of copyright and licensing media in the course of my job.

deb

[Emma]

The King James Bible is public domain, safe there. Notes and letters from others are your personal property, safe there. Poems in the public domain or commercial free, safe there, give credit, though.

The general guideline for copyright infringement is not if you're making money on it, but if you're depriving the creator of income or credit. If something is not in the public domain or commercial free, then it is copyright, and you need to use with permission.

[kat_75]

Oh, Emma, that helps a lot!

I'll probably use KJV anyway, but since the NKJV is copyrighted, if I have a copy of that bible that I purchased, can I use quotes?

[Emma]

um...here's the lawyer's answer, even though I'm not a lawyer. "That sounds safe if that's what you choose to do."

[Emma]

oh, one last bit about copyright: infractions are really the responsibility of the copyright holder to enforce. Repeatedly ignoring infractions eventually renders the copyright invalid in the courts. While no one who holds the copyright is likely to see your work, if they WOULD challenge or enforce it if they knew about it, then the copyright is valid.

IF you are trying to respect copyright, but infringe it accidentally, their first reaction is not going to be to sue you. They will contact you and inform you of the infraction and ask you to either remove it from public view, amend it, or get permission to use in the way you have. This happened to me once when I used a photograph from an online friend's web page. She emailed the site owner who had the image removed, which upset me, so I emailed her and asked for permission to use the image. She gave it and even apologized for not contacting me directly. I then replaced the image adding the copyright info and "used with permission," and all was well in the world again!

So try your best, and then respect the wish of the copyright holder if your best wasn't good enough.

[ShaylaSharp]

Copyrights have nothing to do with you selling it or not. They have nothing to do with whether you purchased a copy or not. If its someone else's work, you must have permission to use it. Period. Public domain, royalty free, etc. are simply works that have either no one to attribute copyright to such as the KJV Bible, really really old material such as some classic compositions, the owner of the copyright has given permission for anyone to use it or they were said publicly so you are quoting them such as news. There are some exceptions for educational purposes when it comes to written text, but that is for students, etc. to use in reports with proper credit given, etc. And no, the person does not lose copyright over time if they don't catch everyone who is sneaking the use. There's a book called Fair Use Free Use and Use by Permission written by Lee Wilson that can give you more information. For information on photographic copyright, contact the Professional Photographers of America--they have lawyers that specialize in it who can explain it out.

[Janet]

Public Domain can also be people who choose to allow their images to become public domain. Copyright is tough to get familiar with, but yet not terribly tough. On my blog there are some links on the right to various sites that help explain it.

As for older stuff, I called the copyright office who told me anything prior to 1935 cannot be copyrighted and is in public domain.

[debbers]

It's trademarks that have to be defended vigorously, or you risk losing them.

See: Kleenex

See the Kimberly-Clark Corporation weep.

Hand them a tissue...

[Tina]

Janet everything I have found on copyright says Public Domain is before 1923 and after that is frozen.

http://www.unc.edu/~unclng/public-d.htm

[Janet]

I've heard both 1923 and 1935 - and that's why I called the copyright office. They said 1935 and a couple of attorneys I've run it by also say 1935. Basically, I was seeing if we could register the copyright of some of my grandparent's photos.

But - I know you can also call the copyright office and get conflicting info. You're definitely safe before 1923.

[Tina]

that's what I'll stick with then. lolol.. thanks Janet :D

[crouch79]

Hi, actually you can use any Bible translation you want to for Word Art as long as you are not selling it or giving it away (its for your own use), and you put with it the reference and the translation's abbreviations. For example John 3:16 (TNIV) would be used for the Today's New International Version. It is quite all right to quote a Bible translation even if it is copyrighted, in my Seminary classes I did it in papers all of the time, I just had to note what version I was using. It is also a good practice to note the version and reference anyway. That way the next generation who sees your scrapbook will know where it is coming from. The only restrictions are on the number of verses in sequence, but the number is like huge (I seem to remember 64 verses) which no one would want to use in single scrapbook page anyway. Just make sure you give the passage reference (you can find Bible book abbreviations on the internet) and the abbreviation for the translation being used. You only have to pay the copyright if you are selling it or printing more than a certain number of copies. That's why a member of the clergy can use Bible quotations on PowerPoint for a sermon, you just have to credit. Which is only fair, Bible translation is hard work.

[kat_75]

Hmm, that's interesting! Thanks for that tip!

[debbers]

The copyright exclusions of 'fair use' which apply to students, establishments of education, and to Houses of Worship for not only written things, but for music, too - are a complete different thing than anything we'd be tackling as scrappers.

Really, as already stated, the bottom line is that if you are using it for your own personal use, you're fine.

If you distribute it - whether for sale at a large web site like DSP, or for free on your own blog, then you clearly need to adhere to the terms of your license agreement and the copyright laws.

deb