Copyright Issues - Q's & A's

Archives for www.voy.com/100606/ ... Only archivers should post on this board but anyone can view.

Moderators: angela, crafterwannabe, vheyovs50i, Wilma, krafteekaren, Iwuv2craft, Alma, nylirose, wanda49, Craftsayings Users, Maintainer

Copyright Issues - Q's & A's

Postby Caboobie » Sun Dec 26, 2004 2:34 pm

Date Posted: 07:17:57 11/09/04 Tue
Author: p31iwish
Subject: OT: copyright info

Could anyone elaborate on the subject of copyrighted patterns? (crochet in particular) I orginally thought that if the pattern was copyrighted then you could not sell the actual pattern...but I have come to understand you cannot sell anything you make from that pattern? Is that right?What if you have an idea based on someone else's pattern? Or you make alterations to someone's pattern to suit your particular needs? Perhaps you have a website with some more info?
Thanks for all your help in advance,
p31iwish

[> Re: OT: copyright info -- kritterno1, 08:47:37 11/09/04 Tue [1]

This isn't an answer to your question but another aspect to copyrrighted items. I posted this on another thread but I'll put it here.
I love Precious Moments items and when I bought the Christmas stickers, I came accross this on the package:
The stickers can be used for personal use but on nothing to be sold. Either I'd never paid attention or never seen that on any other sticker package.
I think it might depend on the pattern. I looked in an old PC book and nothing was said about not selling items made.
I'd like more information also.

[> Re: OT: copyright info -- Cindy E., 10:49:37 11/09/04 Tue [1]

I have made and sold many crochet items from pattern books I have purchased and have never run across a copyright that says you can't sell the item. I just now checked some of my pattern books and there is no mention anywhere about this. I know that for some patterns you take off the internet, the owner of the pattern asks that if you sell an item made from that pattern that you put the website address on the item to give them credit.

[> Re: OT: copyright info -- p31iwish, 11:49:14 11/09/04 Tue [1]

I found the answer to my question and thought I would share the info with everyone.

http://www.rosiescalicocupboard.com/Copyrights.html

Making Multiple Items of the Same Design
What is unusual about quilting and needlework designs is that their intended use is to transfer a printed design onto a stitched piece (i.e., to create a derivative work). This is unusual in that most copyrighted work is only viewed. (You read a book; you look at a photograph or painting.) Even if it is not stated directly, implied permission is granted to create a derivative work, meaning that it is intended that you use the design to make something for your own personal use or to give as a gift. Simply stated, a design cannot be used to create items that are to be sold or for any other commercial reason. Without a designer's permission, you cannot use the design to make items for sale at craft shows, bazaars, fund-raisers, or similar events.
Caboobie
 
Posts: 1908
Joined: Sun Feb 01, 2004 1:26 am
Location: Newcastle England

Postby crafterwannabe » Fri Jul 01, 2005 2:44 am

Copyright Discussions

Date Posted: 08:58:21 06/22/05 Wed
Author: KrafteeKaren
Subject: Copyright NO-NO'S

Ladies...with so many of us snagging graphics from one site to another, I thought it was time to post a link that will help you know what can be posted and what can't be posted. If you have drawn a graphic then it is truely yours to use anyway you want to, but when you snag a graphic please remember that it is someone elses work and it could get you sued for copyright infridgement. If you think that it can't happen to you, think again, it has already happened to 3 of our members on this board.

While working towards getting the new Printable site up, those of us that are posting printables have to watch really close what images we use and get permission from each and everyone of the graphic artists so that their images can be used.

Here is a link that might help you know what graphics that you can use and what ones that you CAN NOT use:
http://dobersplace.purpleraindesigns.co ... IGHTS.html

There are two pages of Copyright NO-NO's which can not even be copied and pasted. ANY cartoon characters CAN NOT be used, by this I mean you can not use any Walt Disney characters, any Warner Brothers characters, etc. Anyone posting these cartoon characters on any website can get the website shut down and then land in court for infridgments of the copyright laws. My understanding on them is that you can not even use them on your own personal use items, they are registered trademarks of those companies.

Be very careful what you post and what you don't. I don't want to scare anyone from not posting but just be aware that you can get yourself and others into a lot of trouble.
Hugs

Replies:
[> Re: Copyright NO-NO'S -- Dianenanato5, 09:10:31 06/22/05 Wed [1]

Thanks for posting this Karen. Might keep some of us out of hot water, lol.

Some of our ladies have some things posted right now that are BIG NO NO's. While they might look very clear and pretty they are illegal and not only will the designer get into trouble, but the ladies here that print things off to sell will get into trouble. PCCrafter images are also a BIG NO NO.

If anyone sees something of mine that is a NO NO please post to me and I will apologize and take it down pronto, lol.
Hugz, Dianenanato5

[> Re: Copyright NO-NO'S -- katieangelamber, 09:27:15 06/22/05 Wed [1]

Along these lines; Ladies if you are requesting a tag, topper, wrapper, etc it would be wise to also post your email address. If we feel uncomfortable posting it here we can send it to your inbox. Hugs, katieangelamber

[> Re: Copyright NO-NO'S -- msjunejoy, 09:28:30 06/22/05 Wed [1]

I'm sorry If I have used anything that is illegal I thought all of the ones I used were legal, and if anyone sees anything that I should not use, why can't you be a friend and please email me personally and I will be glad to take it off Immediately! Maybe I'll just take them all off and I apoligize to the members I was trying to help.

[> Re: Copyright NO-NO'S -- Lori Jean, 09:38:05 06/22/05 Wed [1]

Thank you, Karen! I appreciate you posting this reminder! I've found that most artists are very willing to share their graphics and are complimented when you ASK.
It's important to always read the graphic artist's "terms of use" AND send an email describing how the graphics will be used and where they will be posted. Most want to know if it is for profit or non-profit. Unfortunately, I've run across MANY sites that post all kinds of graphics and offer them as "free." Most are hosted on websites, like Tripod. They even offer free downloads and say you can use them any way you like. DON'T believe them! If they didn't make them, they have no right to offer them without express permission from the graphic artist. I have seen some sites that were shameless. Disney Characters, Nick Characters, Warner Brothers Characters, even graphics that were taken from well-known graphic artists and altered in color, etc.~~I've even run across a few sites with the watermark taken off the image and placed on the site. Which brings me to another point...BE VERY, VERY CAREFUL of "snag sites." I would advise you to stay away from them completely. I've seen PC Crafter graphics and MANY no-no's on boards that host "snags." I guess a good rule to follow would be "If you aren't SURE, then DON'T use it."
Hugs,
Lori Jean :^)

[> Re: Copyright NO-NO'S -- KrafteeKaren, 10:37:37 06/22/05 Wed [1]

MsJuneJoy....I don't see your name mentioned in any post on this thread other than where you posted, hun. I don't think anyone was pointing any fingers at you directly and if you thought that any of us was then I am truly sorry. I only posted this thread as we all have been guilty of snagging images from one site or another and could get into trouble if the graphic artist sees their graphics. I just want everyone to be aware of what could happen if the graphic artist took their claim to copyright court.
Hugs

[> Re: Copyright NO-NO'S -- jacksmum, 18:43:02 06/22/05 Wed [1]

Thank You Karen
I know I often get so carried away trying to help someone that I don't give a thought to whether the graphic can be used or not so a timely reminder is much appreciated. I will certainly be more careful in the future.
hugs
Sue :)

[> Re: Copyright NO-NO'S -- bumping, 10:23:29 06/23/05 Thu [1]

For all that are getting the dreaded Red "X", I guess there can be no more printables posted on the board. What a shame for so many that want them, but I can understand why to protect the board and the makers. Guess it will encourage us all to learn to make our own. The copyright laws are very protective and there are many so guess we won't be snagging anymore. Thanks for all the ones we have gotten.
Love printables!

[> Re: Copyright NO-NO'S -- chill pill, 23:11:42 06/23/05 Thu [1]

Some need to take a chill pill! Get your feathers unruffled, and reread Karen's post. It does NOT say NO MORE graphics or pictures. It just says to be careful.

[> Re: Copyright NO-NO'S -- LeeW, 23:56:51 06/23/05 Thu [1]

It never hurts to post a friendly reminder about these things. Especially to the snag fanatics like me. Thanks Karen, I'll try to be careful, but it never hurts to be reminded now and again.
--------------------------------------------------
Date Posted: 12:05:47 06/24/05 Fri
Author: KrafteeKaren
Subject: Clarifying a Misunderstanding About the Copyright Issue

Ladies...I want to clear up a misunderstanding on the Copyright issue so that I don't have to send out 100 emails on this matter. You cannot post any cartoon characters as they are either copyrighted or trademarked, ie. Disney, Garfield, Peanuts, WB, etc. Even if you change one thing they are still considered a NO-NO to use, and sending them through an email is a NO-NO as well.

I never would say that you can not snag graphics and post them on the board, I simply said that you needed to be very careful what you snag and post. You have to use caution with what you are snagging and that is all that I was saying in the post of Copyright NO-NO's. I don't want anyone to get into trouble and I sure don't want this board shut down, which they could do if a graphic is on here that is copyrighted or trademarked. I hope that the rest of you feel the same way as I do, this is home and I don't want my home shut down for any reason.

With trying to get the new Printable site up, I have learned a great deal on what graphics are usable and what aren't. And have sent out countless emails trying to get special permission to use the graphic artist's work as well as the other ladies. Some will allow us to use their graphics with a link back to their site and some won't. I tried to get special permission to use Hugware graphics and have been denied as the graphics even though they will be on a tag/topper/etc. is still downloadable. It makes no sense why we can't use them but it is their policy and we have to abide by their rules. We have however gotten special permission to use a lot of other graphic artists work including Alenka's, Melt My Heart, Jane's Country Tubes, Crimson's Corners, etc. with a link back to their site. Because of this it has set back when the site will be up, I am hoping that it will be up and running by the 1st of July but please do not hold any of us to that.

I have everyones name and email address listed in a book that has signed up for the password, PLEASE do not send me an email asking if you are listed I will put an announcement on the board once I have sent out all of the information that you need to know to gain access to the site. If any of you have ever built a website you will understand what has to done to get a site up and running. I'm just not building one website, I'm building a website for all of the ladies that has joined in on this little adventure, it takes a lot of time to build pages even with templates. I don't think you will be disappointed once it is up and running.
Hugs

Replies:
[> Re: Clarifying a Misunderstanding About the Copyright Issue -- CrazyMe-Ma, 12:14:41 06/24/05 Fri [1]

Karen,
Something I just thought of too. For the ladies who follow tutorials to make their own images, Please read their terms of use also. I have ran into several tutorial sites that has strict terms of use. It's always best to read all terms of use before using any image/tutorial. If by chance you would get permission to use something save that permission, you never know when you might need it.
{{hugs}}
Marlene

[> Re: Clarifying a Misunderstanding About the Copyright Issue -- sara, 13:40:27 06/24/05 Fri [1]

thank you Karen for your explanations on graphics etc. Everyone is at a certain stage when it comes to computers. I guess at times we may think that "it just happens' I for 0ne appreciate all you do and would miss this sight very much due to my lack of understanding. And I know that you have helpers as well.
sara

[> Re: Clarifying a Misunderstanding About the Copyright Issue -- Kitty, 14:58:21 06/24/05 Fri [1]

For all the ladies that sell crafts: I have found that if you e-mail the sites that have graphics, some of them will give you permission to use them on items that you sell. I have permission from several sites allowing me to use their graphics on items that I sell in small quanties. Make sure you keep the reply that they send you just in case a question should come up. Of course you need to keep their name on them, but we need to give credit where credit is do. Kitty

[> Re: Clarifying a Misunderstanding About the Copyright Issue -- Dianenanato5, 15:47:40 06/24/05 Fri [1]

Also, often times an artist will grant permission to use their graphics on things you sell and sig tags with a link back to them, but that does not include printables. Be sure when you ask for permission to use a graphic that you tell them it will be put on printables. Pc crafter will let you use their graphics for things you sell (limited number) and you don't have to include a link back to them and you can use their stuff for sig tags with a link back to them , but you cannot use their stuff to put on printables. Printables is a totally different situation. Dianenanato5
-------------------------------------------------
Date Posted: 17:02:29 06/25/05 Sat
Author: Jude_KS
Subject: About using graphics and copyright infringement...

I have been reading the posts on copyright and the use of copyrighted graphics with much interest.

Several years ago I designed an entire collection of teddy bear graphics (A Bear for all Seasons) and posted them on my first website. I do hold the copyrights for these designs and yet a company that designs patterns for embroidery sewing machines "snagged" and used my designs
as their collection and for their profit.

We filed copyright infringement charges with the Library of Congress and began a suit,using various attorneys, to stop the distribution and use of my designs. In the end were told that "when the designs were posted on the internet they became "public domain". Needless to say this was very upsetting BUT we were left with no options.

My question is: why wouldn't or doesn't this apply to ALL graphics and such that are available online???

Now, I am not questioning anyone's knowledge, information or anything like that...I do not want to start a big controversy on the board, I'm just curious.

Logic to me says that once such products are offered to the public via internet or in particular) sold to an individual (ie:CDs) then the use should be at the discretion of said owner...
Thanks - Jude!

Replies:
[> Re: About using graphics and copyright infringement... -- wilma, 18:17:37 06/25/05 Sat [1]

Everything Jude says seems reasonable to me. I don't know anyone but everyone has heard stories about Disney, etc pulling peoples things at craft shows. What I don't understand is: You can go to a fabric store and buy Disney fabric, but you can't make something out of the material and sell it. That just seems WRONG. Seems like if you buy it you should be able to do whatever you want to with it. I have a Wilma Flintstone rubber stamp that I just love but am limited as to what I can do with it. I think that is why people get into trouble is that the laws really don't make much scents to honest hard working people.

[> Re: About using graphics and copyright infringement... -- KrafteeKaren, 18:24:11 06/25/05 Sat [1]

Jude...please do not get me started on Copyright Infridgements, I've had 2 full semester over the subject in college and have another full semester coming up, lol. I just did a search on the net for information about Public Domain websites and there are 15,500,000 that can describe the difference between Copyright and Public Domain. Here is the best one that I found though:

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

Here is what I copied from the website though, it explains what Public Domain actually is:
Definition: A public domain work is a creative work that is not protected by copyright and
which may be freely used by everyone. The reasons that the work is not protected include:
(1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory
formalities to perfect the copyright or (3) the work is a work of the U.S. Government.

Short version is anything before 1923 is no longer copyrighted unless it was re-copyrighted, 70 years is the longest a single copyright can run although there are longer copyright laws on things. The copyright laws was also changed in 1978 and I suspect that it will change again if it hasn't already because of use of the internet.

To my knowledge anything that is published on the net IS NOT public domain unless stated in the terms of use. I hope this explains what Public Domain actually is to everyone. It is very hard to know anymore exactly what you can and can not use, actually it is rather scary. Just today I was looking at several sites that had Disney characters made into tubes, which is a huge copyright infridgement but there they was plain as day.
Hugs
--------------------------------------------------
Date Posted: 10:08:22 06/22/05 Wed
Author: Laura
Subject: Another "Be Careful"

After reading the "copyright no-no"'s, I thought it would be appropiate to also give a heads up about posting your original ideas to some of the message boards out there. There are several (I know of one major one), that being registered to post GIVES them the right to take your ideas and use them however they wish. That is right...just by posting your idea, they now OWN it to use whenever and however they want without giving you credit or royalties. I know most of us don't expect money for our ideas, but at least getting credit would be nice. And this is a company that makes money on "how to" shows and instructions.

Be sure and read the fine print, and just be informed. Laura

Replies:
[> Re: Another "Be Careful" -- Caboobie, 11:08:15 06/22/05 Wed [1]

I'd be interested to know which site this is and if it is lawful to do this. Maybe Karen will have some idea.

[> Re: Another "Be Careful" -- PattyWV, 13:42:43 06/22/05 Wed [1]

Laura would you please e-mail me what site that is?
I do'nt mind sharing,but I'd be a little upset to see my ideas(not that I have great ones LOL)being used for someone elses profit.
I am most likely not a member there as I'm usually here,but just in case.
Thank you

[> Re: Another "Be Careful" -- Laura, 09:14:02 06/23/05 Thu [1]

www.hgtv.com

Here is the wording from the site itself:

"With respect to any materials you elect to post for inclusion in such Forums, you grant to Scripps Howard, simultaneous with such posting, the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed."

[> Attitudes -- Laura, 09:26:38 06/23/05 Thu [1]

Here is a sample of the attitudes of members when this rule was pointed out on this forum:

"If you don't read the rules, then shame on you."

"Ideas are stolen all the time and published."

"If they gave you a rule when you joined, then it isn't stealing."

"There is nothing new under the sun."

"I've gone to craft fairs and copied things, even taken photos."

"If you're that attached to your ideas, Call it Art and display your pride with copyrights. And not on this site, obviously."

[> Re: Another "Be Careful" -- Mother Hen, 10:23:16 06/23/05 Thu [1]

I hope you know that I have seen this type of notice on several sites, that what ever you post can be used by others , even sold. The words may be different , but the meaning is the same.
Mother Hen

[> Re: Another "Be Careful" -- Laura, 23:06:41 06/23/05 Thu [1]

It doesn't matter how many other sites have this. It is a heads up that if you don't want something copied without credit, be very careful were you post and read the message board rules. This isn't about slamming one site or another, it's about making crafters aware that "THEY" can do this. I have been a crafter for 20 plus years AND on the net since early days and I didn't KNOW this until recently.

What I would like to know is what if someone posted something already copyrighted, could they take that? I would think the earlier copyright would be upheld.

I guess I am confused at why a site would need this type of clause UNLESS they intend to use some of the information posted? Maybe it's a standard internet forum clause, I am no lawyer. I am just a crafter.
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Sun Nov 06, 2005 7:05 pm

Copyright Infringement Discussion

Date Posted: 12:28:03 10/25/05 Tue
Author: Mary - KS
Subject: Copyright Infringement

I'm putting this in a separate post so more people might see it.

I'll come right out and admit I am talking about the University of Kansas (I also work for them). I asked the person in charge of the logo and he point blank told me you cannot use the Jayhawk on any craft for re-sale - even though you have paid the royalty when you buy a sticker or whatever. To get a license to use the Jayhawk you have to take your item to them for approval and then purchase the license. It used to be about $250 to make a small number of items. I was told by a person who does have a license that you also have to pay them a percentage of your profit. She admitted that the Jayhawk logo was one of the most expensive and difficult to deal with, but it is a great seller in this area. She has a craft booth at one of the shows each year and there is always a crowd. My husband used to have a license to make clocks, but said it takes the fun out of it. He can give them as gifts or donate to organizations, but not sell. We donate two each year to a church auction and the clocks bring at least $75 each - this really thrills him.

Raggedy Ann is another one you really have to watch. They are vicious!

Sorry this got so long, but I would hate for anyone to get fined for overstepping a copyright. Unfortunately not knowing is no excuse if you get caught.
Happy Crafting!

Replies:
Re: Copyright Infringement -- KK, 13:15:46 10/25/05 Tue [1]

Mary...you are very right...not knowing isn't an excuse. Besides all of the team logos, you also have to watch any Disney, WB cartoon characters, Betty Boop, Strawberry Shortcake, Winnie the Pooh, Carebears, I could go on forever with the list. The rule of thumb use to be that if you changed 1 thing on a graphic then you could claim it as your own. Since the age of computers, that has changed, you have to change something at least 50%, changing the size, putting it on a printable, etc. is not considered 50%. The graphic artist has to actually be able to say it isn't their graphic when looking at it. The fine for using someones work with out permission can be very expensive per offense if it is taken to Copyright Infringement Court. Most graphic artist will just ask that not use their graphics any longer, some giving you a certain date to stop. If however you do not after that, then that is when they can take you to court for you to stop using it.
Thanks for posting this thread and opening our eyes.
Hugs

Re: Copyright Infringement -- Shannon, 13:23:30 10/25/05 Tue [1]

OK that's it!!! You all have scared me enough that I am hanging up my cornhole career!

Getting $12 a game is certainly not worth a law suit. I could make them plain for $10 but I think they just wouldn't sell as well.

Re: Copyright Infringement -- Please, 14:30:56 10/25/05 Tue [1]

Anything Disney,NFL,NCAA,NBA,Pro Baseball,Milton Bradley, Nintendo. etc. These people don't play and go after the little guy first to put the fear into everyone about their serious law suits.

Re: Copyright Infringement -- KK, 15:05:54 10/25/05 Tue [1]

Shannon...you don't have to be scared just watchful as to what you use on our cornhole games. You can still put a graphic on them just get permission from the graphic artist to use their graphics. A lot of the newer graphic artist will allow it as long as you place a link on your printables to their site....it is free advertisement for them and they welcome it.
I wanted to make sure I was correct before I posted this, so I pulled out my Ethics book from this semester and this is what it says about Copyright Infringement (I'll probably get sued for doing this, lol):
"Copyright infringement occurs when someone copies a substantial and material part of another's copyrighted work without permission. The courts have a wide range of discretion in awarding damages--from $200 for innocent infringement up to $100,000 for willful infringement."
Hugs

Re: Copyright Infringement -- Mary - KS, 16:10:12 10/25/05 Tue [1]

Shannon - I don't think you should give up making these - even leave the price at $12 (which my DH says is really cheap). Paint them in team colors or bright colors. Imagine - a game that requires so electricity or batteries -that's a good selling point now.

I think these are going to more popular than the marshmallow shooters. Thanks for the idea - now got to get DH busy.

Re: Copyright Infringement -- angelsmom10, 11:18:59 10/26/05 Wed [1]

not an expert here, but I believe that as long as you change it a little... change the expression or add shoes or something it's not a duplicate, I don't think they can say anything

Re: Copyright Infringement -- Marti in Mexico, 13:42:38 10/26/05 Wed [1]

Angelsmom, that is not quite correct. Companies like Disney, etc. protect their image IDEA. Even if you draw your own Mickey Mouse, you cannot use what you have drawn for profit. Sometimes, you cannot use an image you have drawn even for charity things, such as auction, etc.

another example: You can create a rag doll, but if you give it red hair, a blouse and a pinafore in the Raggedy Anne traditional colors, you are violating copyright. You may not call your doll Raggedy Anne, but if people view it and think it is a Raggedy Anne, it violates copyright.

The old rule of thumb about percentage of change no longer hold true.
Marti in Mexico

Re: Copyright Infringement -- PattyWV, 06:31:16 10/29/05 Sat [1]

Well I'm guessing you could still find some fonts you liked and just print out the name of the team.
Use the team colors.
No logos.
In WV we have the WVU Mountaineers.
Maybe a Mountain + Ears = Mountaineers.
Bluejay + Hawk = Jay Hawks
Cow + Boy =Cowboys
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Sun Nov 06, 2005 7:07 pm

Copyright Reminders When Posting Pictures

Date Posted: 09:39:03 10/29/05 Sat
Author: KrafteeKaren
Subject: Copyright Reminders

Ladies....please remember when posting things on the board that if you find them in a magazine or any where that it is written you could be voliating the Copyright Laws. I don't know about you but I would hate for anyone to get into trouble or for our board to get shut down because of it. Just watch what you post here since it is an open forum and anyone can view it.
Hugs
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Sun Dec 04, 2005 7:11 pm

Copyright Reminders

Date Posted: 09:45:08 11/20/05 Sun
Author: KrafteeKaren
Subject: Copyright Issue Reminders

Ladies...I just wanted to remind you that as owner/moderator of this forum I have to delete anything that I have knowledge of that is a Copyright Infrigement. I don't like being the Graphic Police or the Mean Old Woman but I have to protect this site as well as all of you that are posting images. I just turned off two posts that I know was Copyrighted and can not be posted on an open forum as ours.
Please remember to not post scanned pictures out of a magazine as they are Copyrighted, or any cartoon characters are also Copyrighted (WB, Disney, Betty Boop, Winnie the Pooh, etc.), or any Hugware/PC Crafters Graphics.
Hugs

[> Re: Copyright Issue Reminders -- crafterwannabe, 10:49:41 11/20/05 Sun [1]

Karen, can you clarify something? I use pcCrafter graphics almost exclusively because it's the easiest for me to use and layer. I have interpreted that it is OK to show a finished product where you have used Hugware but you can't make available a snaggable item (like a tag for instance). Hundreds of finished projects are shown on pcCrafter's message board. I'm hesitant to show some of the things I do because of the copyright concerns. I like to post things that I have found easy to do so others have the option to do something similar using their own graphics. How should I handle that type of situation? Is it better just not to show anything using Hugware?

[> Re: Copyright Issue Reminders -- DonnaJ, 11:05:42 11/20/05 Sun [1]

As I understand it, you can't show PC Crafters graphics in any way that can be snagged, if you post something you made you have to watermark it (very light gray aross the graphic saying sample.) That way no one can snag it and cut out the graphic to use themselves without buying.

[> Re: Copyright Issue Reminders -- Lori Jean, 11:51:26 11/20/05 Sun [1]

I understand copyright issues and I agree. Doesn't make sense to me why FINISHED products need to be watermarked. The image wouldn't even come out right if you used it on a craft and then took a picture of it. I've seen MANY finished crafts made with PCCrafter grapics. None had watermarks that I can recall.
Hugs,
Lori Jean :0)

[> Re: Copyright Issue Reminders -- KrafteeKaren, 12:15:33 11/20/05 Sun [1]

My understanding after emailing PC Crafter directly to get permission to use their graphics on Crafty Images is that you can not post any of their graphics on a website at all, whether watermarked or not. They are copyrighted through PC Crafter for use on your own personal items that you make and sell, you have to keep track of exactly how many items you sell as well and not go over their limit of 200 per item. I will try and locate the email that I was sent from PC Crafter/Hugware on this issue and post it so that everyone will know for sure what their policy is.
Hugs

[> Re: Copyright Issue Reminders -- crafterwannabe, 14:29:56 11/20/05 Sun [1]

Karen, I know you have no control over this so my comments aren't aimed at you - just talking to myself to get this off my chest. OK, I guess I'm thick-headed. Let's take the decoupaged soaps or Blessings Snowflake as examples. I posted a picture of the finished soaps and LJ scanned a picture of the snowflake. Neither picture could be copied just to use the image. I'm not talking of just showing a finished tag or card - that I understand. By NOT showing finished projects, this helps pcCrafter how? I first "discovered" their products by seeing a craft project where someone had used their Creatables. Without that, I never would have become a customer. Don't get me wrong, I understand perfectly their reasoning of not wanting people to be able to have their artwork if they haven't paid for it. That's not what I mean. Any image of a finished project would not be able to be copied for use anyway (bow on top of snowflake tag or glare from flash on ziplock bag or soaps, for example). If copied, it would become distorted anyway. Finished projects are shown all the time on the pcCrafter BB and only occasionally have I seen Sample written across any of them. My skill level is limited and I do read and learn from their board. I don't show my stuff there though because my friends are here and it's here where I'd like to show some of the things I've done. And what about the hundreds of people with websites that sell their finished projects using Hugware - all with pictures? OK, I'll get off my soapbox now. I'm just pouting thinking that I won't be able to share pictures any more.

[> Re: Copyright Issue Reminders -- Reenie, 15:19:37 11/20/05 Sun [1]

I think the issue is not over showing photos of finished crafts w/ pccrafters stuff/ Its when people post labels w/ the graphics & say they are up for grabs . Or when people post replys asking for people to email them a copy.
I know I am a member at pccrafters & I pay for the graphics & then to come see them for free over here is a bummer for those who pay money for them.
So I think its is showing a scan of a label or graphic thats not ok. Not just showing a photo of a finished craft.
I guess I just look at it from a prospective that I have to pay $$ for them. And if stuff is just up for grabs it doesnt make sense.

[> Re: Copyright Issue Reminders -- KrafteeKaren, 16:21:17 11/20/05 Sun [1]

Crafterwannabe...I understand your situation and totally agree with you. My understanding is that you can post pictures of finished craft items but toppers/tags do not fall into that catergory. With the graphic programs out on the market, anyone can clean the images of a tag/topper up so that the graphic is usable even with Sample marked across it. To me and this is just my opinion for what it is worth, PC Crafter is a little vague on their copyright policy. You can check any of the sheets that comes with a CD from PC Crafter and it reads as though you can use their graphics in any digital media. But yet isn't a website a means of digital media? See what I mean, to me it is one way or the other.
Hugs

[> Re: Copyright Issue Reminders -- Connie H., 16:22:17 11/20/05 Sun [1]

I did not think that showing a finished product that had PC Graphics was a problem, but like Reenie said, posting a tag or label or whatever for someone to snag was the issue. So am I to assume no more pics of finished products watermark or not with PC Graphics?
Heck I cant post pics anyway......so clueless here, but do enjoy seeing all the nice work everyone is doing.

[> Re: Copyright Issue Reminders -- kritterno1, 17:04:31 11/20/05 Sun [1]

I have a question. What about graphics in something like Printmaster? Are they copyrighted? I also have a CD of royalty free clip art from Art Explosion. I either use graphics out either or none at all.
Mary

[> Re: Copyright Issue Reminders -- Lynn, 01:51:07 11/21/05 Mon [1]

Sorry, for the trouble. I really didn't think anything of it, as I get finished stuff all the time with pccrafter graphics on it. Mea culpa! Now, I know.
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Thu Dec 15, 2005 2:54 am

More Copyright Discussion

Date Posted: 11:42:49 12/07/05 Wed
Author: Melanie
Subject: Attn: Graphic Artists -- Copyright Questions???????

Hello graphic artists!!

You all know I am totally new to this graphics thing, but I am having a blast (I know, I am Jiffy Pop obsessed!)....

I am getting lots of private requests for stuff (and I honestly do not mind)...but need to fully understand the copyright stuff.

1) If a graphic has a copyright logo on it, can I use it if the item I am making is for personal use and is not intended for resale?

2) If it has a copyright logo on it, can I create something for myself as long as I do not sell it, or post it to the group? (For example: I am working on a Grinch thing right now)

Sorry, just trying to get things squared away in my head!
Thanks!
Mel

Replies:
Re: Attn: Graphic Artists -- Copyright Questions??????? -- CrazyMe-Ma, 22:24:38 12/07/05 Wed [1]

Melanie,
What I always do if I find an image online I look for terms of use then read what you can use it for. If it is an image you have on a CD that goes with a certain program you bought I will use them for free things.

This subject is more for KrafteeKaren. I could tell you what I know but it's more up her alley. Since she is in school for this all the info is fresh in her head.

Try searching the archives for copyright info.
Karen, Melanie needs your help!!
{{hugs}}
Marlene

Re: Attn: Graphic Artists -- Copyright Questions??????? -- Terrie, 23:06:00 12/07/05 Wed [1]

It would be up to the individual artist what her terms are - best way if you know who it is , is to email and ask.

Re: Attn: Graphic Artists -- Copyright Questions??????? -- KK, 03:31:03 12/08/05 Thu [1]

Melanie...funny that you should ask about Copyright Issues, that was what my research paper was in Ethics class. Whether or not an image has a copyright on it or not, you still need to have written permission from the graphic artist to use their graphics. Hugware for example is very strict on their policy, you may use their images for personal as well as for re-sell (up to so many printables per year) BUT you can not use them in anything that you would digital send out...ie. emails, newsgroups, websites. Not to scare you or anyone but Hugware has been known in the past to shut down a website that is using their images in such a matter and have also been known to force you into deleting any Hugware from your computer, even if you have purchased them. My understanding also is that once an image has been retired, the owner of the graphic is the one that holds the copyright if they have submitted their graphics to Hugware.
Unless you personally make the image, it is not yours to use without written permisson. If you go to the different websites and read the Terms of Use it will give you a better idea of what images you can use and what you can't. For example...when doing Crafty Images, I wrote Jane from Jane's Country Tubes and have written permission to use her graphics on printables as well as on any websites that I might build. But Jane's Country Tubes is the exception, normally they will allow you to use their graphics if you have purchased either their club membership or their graphics, but you still need to ask permission to use them.
Grinch and other cartoon characters is probably the worse ones to use even though they are cute. Walt Disney characters are a huge NO-NO to use digital and yet a lot of people use them.
Just so that you and others know, the fine for using a graphic that is copyrighted without permission to use them is very stiff. For each use of a graphic the fine is from $100 to $10,000 depending on several things but the biggest one is the amount of usage of it. Telling a judge "I didn't know that it was copyrighted" isn't an excuse according to my Ethics book, the judge will still fine you for it.
This is why I keep telling everyone to be very careful what you post on an open forum like ours. Not only can you get fine but anyone that is a member of this board could also get fined if they snagged it. Plus the board could be shut down as well....and they will do it too. Not but a few years ago a forum on MSN was shut down because of the snagging that went on. The owners re-opened it back up and now you have to have a membership to get into it, which if Big Brother wanted into it, they could.
I hope that this answered your question and if not email me directly or post here.
Hugs

Re: Attn: Graphic Artists -- Copyright Questions??????? -- Melanie, 09:32:15 12/08/05 Thu [1]

Thanks KK!
I need to read and re-read your post a few times to make sure I got it all right in my head!
Hugs!
Melanie

Re: Attn: Graphic Artists -- Copyright Questions??????? -- KK, 11:25:39 12/08/05 Thu [1]

Melanie...you are very welcome. I could have went into more details but the post was getting quite long with what I wrote, lol. Copyright Laws have done a major turn around since the age of computers to include the Digital part of computers. And while some graphic artist loves that you are using their graphics others do not and are real picky about who uses them and who doesn't. That is why it is always best even if their terms says that you can, to email them directly. When I sent out Permission to Use emails to the graphic artists for Crafty Images, I was surprised how many said that we could as long as we linked back. Others would either not email back and I think we only had 1 or 2 that said NO even with a link back. It is cheap advertisement for them if we do link back to them. Printables that you share are a little different but some will have in their Terms for Use that you have to put their URL on your printable.
Let me know if you have any other questions.
Hugs

Re: Attn: Graphic Artists -- Copyright Questions??????? -- Candy, 11:54:12 12/08/05 Thu [1]

One thing that I was surprised to learn about copyrighted stuff is about is not about graphics, but fabric. The cute printed fabric with all the characters on it are for personal use only, you cannot make and sell anything with this stuff on it. It would seem that when you buy the fabric you can do any thing you want with it. Disney, other cartoon or tv characters, Nascar, John Deere, and Raggedy Ann and Andy are a few. I have heard that Disney, Raggedy Ann are some of the worse to crack down on their usage. A lot of people are not aware of this.

About graphics, I was using a picture I got from my Printmaster on a survival kit when, at a show the first of this November a man came into my booth (I was not there at the time, my mother was) and said that he had drawn that image and wanted to know where it came from. He said that someone had put it on the web illegally and he could sue me for using it. He finally did say that he really wasn't interested in sueing people who were using it, but wanted to go after whoever had put it on the web. He said that he would be back to talk to me later. He never did come back, but I was worried about it, and still am a little bit. I am going to change the image on that survival kit before I make new ones.
Candy

Re: Attn: Graphic Artists -- Copyright Questions??????? -- KK, 12:07:56 12/08/05 Thu [1]

Candy...you are very right on the fabric. I'll give you another one, if you make a doll using the same colors as a Raggedy Ann or Andy, did you know that you could get sued for Copyright Infridgement? It is true and has happened. Here is another one...several years ago someone from the board made Snowman Poop and had them at a craft show. Someone at the show bought some and gave them to a friend that gave them to a friend, etc., it ended up in a man's hand back in California. He contacted the crafter that made the Snowman Poop and told her to stop using his Copyrighted Idea. Thinking he was smoking something (LOL) she ask for his Copyright which he gave her. Sure enough he had Copyrighted the words Snowman Poop and could sue anyone using those words together. After that I went to using Snowman Poo...it changed the spelling but still meant the same. The only problem is I and other crafters could have sued the guy for using the wording Snowman Poop without checking first to see if anyone had ever used those words, I've been making Snowman Poop for 25 years at shows and his Copyright only happened in the last 10 years. All you have to do is prove that you sold something similar or used the same wording in the past and the Copyright is not any good.
Hugs

Re: Attn: Graphic Artists -- Copyright Questions??????? -- Melanie, 12:27:09 12/08/05 Thu [1]

Wow!! What a mess, and how SCARY!!!!

Re: Attn: Graphic Artists -- Copyright Questions??????? -- ShannonF, 12:40:56 12/08/05 Thu [1]

Well since we're on this subject. Has anyone on here ever gone through the copyright process and if so what does it cost and how hard is it? Do you copyright in your own town (county seat) or is there a national organization you must use?

It's very interesting.
Thanks for the lessons karen!

Re: Attn: Graphic Artists -- Copyright Questions??????? -- oriana, 19:33:51 12/09/05 Fri [1]

For those of you who make your own crafts to sell at craft shows etc for eg things like the toppers etc what graphics do you use? Do you buy them off a CD to be able to use them on your products or do you make your own graphics and if so what programs do you use and do you get them off websites as long as you ask for permission to use them on products for sale. Thanks for your help

Re: Attn: Graphic Artists -- Copyright Questions??????? -- SIS, 19:40:16 12/09/05 Fri [1]

geez what graphix can we use ??

Re: Attn: Graphic Artists -- Copyright Questions??????? -- Melanie, 19:54:13 12/09/05 Fri [1]

LOL SIS!
I was wondering the same thing! :0)

Re: Attn: Graphic Artists -- Copyright Questions??????? -- Terrie, 20:15:54 12/09/05 Fri [1]

There are many, many artists that allow their graphics to be used on HANDCRAFTED items for sale - PC Crafter is one example, you purchase the graphic package(20-30 graphics) for around $5.00 and can make handmade items using 1 of those graphics graphic up to 200 times to sell.So, 20 graphics each useable up to 200 times for $5.00 is a great price.There are many more like this out there - just email the artist and ask - the worst that can happen is, they say no!
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Thu Apr 13, 2006 8:55 pm

Securing a Copyright

Re: How to make copyright sign ? -- Sondra, 20:01:44 04/06/06 Thu [1]

I went to the US Copyright Office website and was able to get the information below:

The site also told how to use the copyright sign.

From the US Copyright Office site:
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright.

Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time.

I spoke with Alice who drew Ima knowitall for me and she gave me all rights to her since she was paid by me to do the drawing. According to this, once the work is completed and put on a fixed copy...( Which I have done when I put her on the tiles ) than the work is automatically copyrighted to me.

This is what I found...hope it helps others !
Sondra
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Mon Jul 17, 2006 12:17 am

Copyright - What Images You Can and Cannot Use

Date Posted: 19:48:42 06/24/06 Sat
Author: KrafteeKaren
Subject: What Images You Can and Can Not Use

Ladies...I found a site that will hopefully help you understand what Images you can use and what Images you can not use on your printables that you make. On the left hand side there is a button for Yes Yes Images and if you scroll down almost to the bottom of the main page there is a No No button that you can click on. There is quite a long list of No-No Graphics so please make sure that you get through all of them.
I don't want anyone from the board getting into trouble, the Copyright Laws are very strict. As well as the penalties, the last time I knew, the fine was $10,000 per each image used and they can take your computer if the Judge feels that it is necessary. Please be very very careful.

http://groups.msn.com/dmatawards/copyrights.msnw

Hugs

[> Re: What Images You Can and Can Not Use -- katieangelamber, 20:21:09 07/05/06 Wed [1]

I can answer the Raggedy Scrappin question. All Raggedy Scrappin graphics are for personal use only unless you buy her commercial license. Then the commercial license is for finished products (like printables, tiles, etc) but nothing downloadable. Hugs, katieangelamber

[> Re: What Images You Can and Can Not Use -- Lisa, 19:55:55 06/24/06 Sat [1]

Thanks so very much, KK. I have doubts on some of the graphics I use. Better safe than sorry. Wouldn't want anyone getting into trouble. Thanks for sharing the site. Hugs,Lisa

[> Re: What Images You Can and Can Not Use -- jacksmum, 20:12:40 06/24/06 Sat [1]

Thank you Karen.
There's been a few times I've questioned whether something could be used or not but never known where to look to check.
Probably best not to post any images here unless we are 100% sure they are safe or something we make ourselves - LOL not that I'm that clever!!
I was sad to see Thomas Kinkade on the "No No" list as I've used his stuff before in tutorials but I won't again.
HUGS and thank you for the heads up
Sue

[> Re: What Images You Can and Can Not Use -- Annie~B, 21:01:30 06/24/06 Sat [1]

Karen,
I hope this is not too dumb of a question to be asking, but here goes...
If you copy a picture from a website, and paste to to your website, that is stealing bandwith as the picture has to 'load' from the original site, correct?
If you copy a picture from a website (say the VOY) and save it to your hardrive, it is no longer loading from the original website, so it's not stealing bandwith, correct?
Thanks for keeping us straight and honest!
Annie

[> Re: What Images You Can and Can Not Use -- KrafteeKaren, 21:10:22 06/24/06 Sat [1]

Annie B....I went to Wikipedia to answer your question, this is what the site says:
Inline linking, also known as hotlinking or leeching, is the placing of a linked object, often an image, from one site in a web page belonging to a second site. The second site is said to have an inline link to the one where the object is located. It is used for such activities as linking images from personal home page storage into the online diary of the person controlling the personal home page.

This has sometimes been controversial because it is possible that the site where the object is stored and from which it is retrieved will not like the new placement or will consider it to be bandwidth theft. This term refers to the unauthorized use of someone else's bandwidth. Inline linking to an image stored on another site increases the bandwidth use of that site, even though their site is not being viewed in its intended form. Since bandwidth is a commodity, unauthorized use can increase the maintenance costs of the website hosting the image, hence the term bandwidth theft.

http://en.wikipedia.org/wiki/Bandwidth_theft

If you save an image to your hard-drive it is on your hard drive and not still on the server. Hope that this helps.
Hugs

[> [> Re: What Images You Can and Can Not Use -- Kritterno1, 01:37:45 06/25/06 Sun [1]

Is having a picture stored on photobucket and posting on a site hotlinking or not? I do that with my sig tags and avatars.
Mary

[> Re: What Images You Can and Can Not Use -- Annie~B, 21:27:09 06/24/06 Sat [1]

Thanks, Karen. Whewwww!!! It's hard to know what you can do and still be within legal guidelines!

[> Re: ?No-No button -- Garnet, 11:12:18 06/25/06 Sun [1]

I didn't see the No-No button?

[> Re: What Images You Can and Can Not Use -- Terrie, 09:26:49 06/25/06 Sun [1]

The bottom line is.... you still have to get the artist's permission...I recently emailed Greg Olsen for permission and was told he can no longer grant that as he now has a publisist that does not allow his work to be used....but, by all means, please purchase his art. LOL Actually, he was very nice but still said no.

[> Re: What Images You Can and Can Not Use -- Nancy in Mo., 07:32:37 07/04/06 Tue [1]

Are web sites that say the following safe to use on items we make to resale ?
"All these free clipart are in public domain, royalty free and can be freely used by anybody. "

[> Re: What Images You Can and Can Not Use -- KrafteeKaren, 07:49:24 07/04/06 Tue [1]

Nancy...send me the link to the site and I'll take a look. Not all images are public domain even though sites say they are.
Hugs

[> Re: What Images You Can and Can Not Use -- Nancy in Mo., 10:40:26 07/04/06 Tue [1]

Karen , I was just wondering because they have no terms of usage stated on their site. Thanks, Nancy

[> Re: What Images You Can and Can Not Use -- KrafteeKaren, 11:03:36 07/04/06 Tue [1]

Nancy....if it was me, I would stay away from sites that do not post their Terms of Use but I run on the caution side of things. If they have been snagged from other sites and placed on this site, then you use them...you are legally just as responsible as the one that posted them even if they claim they are royalty free. When a copyright is taken out on something (graphic, etc.) it is on the books for 70 years, even if the person taking out the copyright dies, it is still copyrighted for those 70 years, as long as the family continues with the copyright. After that if any family member does not re-copyright whatever it is, then it does go into Public Domain. Example of this is Ruth Moorehead's graphics (she is the one that has the cute little big eyed kids that I've seen all over the net), Ruth passed away several years ago. When she passed away, it would have as a normal rule stopped all of the copyrights on her images, but her husband and children have continued with the copyright so her images are still copyrighted. There have been some companys that have allowed to use Ruth's images but very few.
Same goes for Disney and the other big companies, they take the copyright out as a company and not as an individual, so they get the full 70 years and can re-new the copyright after that point. Now all of this applies to copyrights taken out after 1965, before that it falls under a different set of rules.
Hope this helps. Let me know if you need any other help or would like me to look at the site.
Hugs

[> Re: What Images You Can and Can Not Use -- Nancy in Mo., 15:54:32 07/04/06 Tue [1]

Karen , Thanks for the information . It is hard to trust if it really is in the public domain or someone has snagged it and them says it is public domain. I think I will stay clear too . Have a great 4 th ! Nancy

[> Re: What Images You Can and Can Not Use -- KrafteeKaren, 20:04:04 07/04/06 Tue [1]

Nancy...as the old saying goes...if it is too good to be true then it isn't true. I would rather be safe than sorry because $10,000 is a lot of money to hand over to someone and that is small compared to what it can end up being. Besides fat people sweat too much in jail and this fat lady hates to sweat, lol.
Another good example of how funny the Copyright Laws can be is a case study that I did with a local man for my Ethics class. He wrote a tutorial on how to use Macromedia's Flash program, it was basically a dumbie type of book. While writing it he got the idea to ask some of his fellow Flash nuts if they would write some tutorials as well and he would place them in the book, giving them credit for writing the tutorial and having them sign release statements. Everything went well, the book was put on the market and in the computer world it was a best seller. Then the bottom fell out, he got sued by an individual back east, claiming that one of the tutorials in his book was his. To make a long story short, one of his fellow Flash nuts unknown to Mark, snagged the tutorial off of a website and claimed that it was his. Mark and his publishing company have been tied up in court for almost 2 years over this. Because of the location, Mark had to travel as well as get an attorney to take the case. The last time I heard from him it was still going on and at that time he was out in expenses and court cost over $150,000. He had to file personal as well as business bankruptcy just to keep what he could. The sad part is that Mark has a family and 2 very small children. They have been forced to move in with relatives because they lost everything.
Now you know why I am overly cautious when it comes to Terms of Use and Public Domain images, right?
Hugs

[> Re: What Images You Can and Can Not Use -- Nancy Mo., 21:06:09 07/04/06 Tue [1]

I understand and I thank you for all the information you have given me I am learning a lot ,thanks. Nancy

[> Re: What Images You Can and Can Not Use -- CJ in PA, 09:59:22 07/05/06 Wed [1]

Karen, hoping you can confirm this for me. By purchasing graphic CDs (Print Shop, PrintMaster, & ones from pccrafter.com, raggedyscrappin.com, etc.) we are allowed to use those graphics on craft projects we sell. Also, if you have time, can you please check this site out for any hidden copyright or free usage problems that I may have missed.

Thank you for all your help. I'm not computer savoy enough to know all of these things. Hugs...CJ

[> Re: What Images You Can and Can Not Use -- Annie~B, 10:20:48 07/05/06 Wed [1]

Karen,
I am looking through the posts, and wondering what the 'attorney fees' are going to be for all of our questions you are answering!!
Thanks for all the info and help you provide,
Annie~B

[> Re: What Images You Can and Can Not Use -- Nancy in Mo., 13:49:44 07/05/06 Wed [1]

I think I will need to visit the doctor after getting my bill from Karen ! LOL
Thank you again for all your help . Hugs Nancy in Mo.

[> Re: What Images You Can and Can Not Use -- Annie~B, 14:10:38 07/05/06 Wed [1]

Just glad we have someone who understands it all!

[> Re: What Images You Can and Can Not Use -- KrafteeKaren, 15:20:26 07/05/06 Wed [1]

I work pretty cheap because I have a soft spot for all of you ladies on the board, lol.
This is what I am going to college for is to get a degree in Digital Media...fancy name for a Webmaster to be quite truthful. Ever since I started back to college Copyright Laws have been drummed into my head almost to the point of being sick of it. It is something that you have to know though by going into the Digital Media field, so I just listen in class and go on.
CJ....you are right but you still need to read the Terms of Use when you purchase a CD with graphics on it. Some will say, "only for personal use" and others will say that you can use them on your crafts that you sell. Hugware is one of those that has a policy that you can make crafts from their images and sell the finished product only you have to keep track of the amount of that particular graphic that you use. In other words, you can make something with an image on it and sell it but only 200 times, after that you can not use that graphic again for that particular item. If you want me to look at a site for Terms, I'll be glad to look at them, they can be a bit confusing. I had that problem with Hugware, ones of my CD's said that they couldn't be used but Hugwares Angel Policy says you can. So I emailed them directly to ask. Send me the link and I'll take a look and let you know.
Hugs
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Sat Sep 23, 2006 12:20 am

Copyright Issues Concerning PC Crafter Hugware Graphics & More

Date Posted: 11:22:22 09/07/06 Thu
Author: KrafteeKaren
Subject: Those Using Hugware Graphics by PC Crafter

Ladies...there has been great discussions on the Hugware Message Board as well as others on the net and I am surprised that it hasn't carried over to our board. Hugware has went in and changed their TOU (Terms of Use) polices and are now policing message boards to make sure that their TOU have been met.

You can no longer post any Hugware images whether or not it is on a printed item or not on any message board. They just shut down 2 message boards yesterday for this same issue and have threaten to sue the owners over this. This is why I have always preached to you ladies on not posting any graphics that are not your own or you do not have a license to use them on our board. You have to embed all of your images that uses Hugware into an email and not as an attachment because Hugware feels that someone will steal them, this is for message boards only. You can not email any Hugware items at all according to their rules.

They are also cracking down on using an image over 200 times. If you are turned in, they will if they choose to ask you to quit or they will threaten to sue you or they could start a lawsuit against you without any warning at all. You do have the right if you purchase Hugware images to use an image up to 200 times a year to sell your items but if you go over that 200 times and you are turned in to Hugware they are going to get rather nasty with you. So I urge you to watch very closely this.

They are also cracking down on those that put their items into a craft booth and not collecting the money directly from the customers. According to the President of Hugware you may put your items into a craft booth as long as the craft booth is manned by yourself and then there can be a central point where money is collected but if you do not directly talk to customers they will if you are turned in tell you to stop.

PERSONAL FEELINGS ON THIS MATTER:
Hugware claims that their policies has not changed but that they are aware now of what has been going on and are enforcing their rules. The problem is that one of the big whigs at Hugware has given permission to some but not to others and they are starting to complain to Hugware over it. I have asked on several occasions if I could use Hugware on printables on a website either commerical or non-profit and have been told NO and yet you see Hugware on a lot of websites. They do not want it so that the customer can download anything from your site, that makes them digitalized and Hugware is against that. You can however still post finished items that are using Hugware images as long as you adhere by the 200 per item. Hugware is way behind the times in their thinking, we are headed into a digital world and they need to get on board.
I don't want to get into a hairy discussion on the board over the way Hugware is doing things now but do want you to be aware of what has been going on. I haven't posted until now about this because I wanted to see it settle down and decisons made before it was posted. A lot of the long-time followers of Hugware have pulled their memberships as well as refuse to purchase anymore Hugware images from PC Crafter. I'm not saying that it is the way to go though, I just want everyone on the board to be very careful as I have warned all of you many times before over this.
As always you know where the Complaint Department is on the board, if you want to voice your oppinion but do not want to post it, my door is always open.
Hugs

Re: Those Using Hugware Graphics by PC Crafter -- DJ, 18:01:37 09/09/06 Sat [1]

There is a store on ebay that sells antique images and while you can not share any of the graphics alone I asked if I could share a finished project( printable) online as long as I imbedded the graphics and it's fine.

here is a copy of my email and theirs:

I asked:
Hello
I love making printables with clip art and have made things to share with online friends using Dover clipart. Can I use your clipart this way? I do not share the images by themselves, just completed projects such as boxes, bags, candy tents, etc., in JPEG format where the clipart is not snaggable. I am looking for clipart that I can share this way.
Donna

Their answer:
Good morning ~ What you describe sounds just fine with us, as you've said you're only sharing the finished projects and the clipart itself can't be taken. So feel free! Let us know if you have any other questions, and we'll be glad to help.

The cost is reasonable and there is no image limit on things you make for sale
Anyone who wants to check out what the offer you can go to:

http://stores.ebay.com/Lunagirl-Antique-Images

As Karen says Hugware better get with it they are losing a lot of customers (ME for one!)

Re: Those Using Hugware Graphics by PC Crafter -- Annie~B, 11:51:36 09/07/06 Thu [1]

Thanks for the update and for keeping us 'legal'

Re: Those Using Hugware Graphics by PC Crafter -- katieangelamber, 11:54:24 09/07/06 Thu [1]

Karen I have something to add if you don't mind.

1) Really watch the 200 image per year use. One notebook of 25 pages with the same graphic on each page counts as 25 usages. 25 candy bars and 25 mints books in a single order count as 50 uses for that order
****Note this only applies to those who sell. If you just use the graphics for personal use or gifts there is no limit to usage****

2) If requesting a tag or tile or anything printable I suggest you put your email address in the email section of the form. That way those who want to send you something (but don't want it posted on the board) can. I know I've skipped by several posts because there wasn't an email address to send it to. With all the copyright issues lately this is really the best way to go.

3) there was a post on PCCrafter message today. It's about gum wrappers and mint books. I suggest you all take a look.
http://messageboard.pccrafter.com/topic ... _ID=112047

Hugs, katieangelamber

Re: Those Using Hugware Graphics by PC Crafter -- LJ, 12:06:31 09/07/06 Thu [1]

Well, if PC Crafter keeps this up, people will be looking in other directions for their graphics. People aren't going to be happy with them suddenly changing the rules in the middle of the game. I've heard a LOT of complaints regarding Hugware lately. Some gal was threatened with a $20,000 lawsuit by the creator of some graphics she BOUGHT on PC Crafter! She had posted some finished items she was selling on her website and was told she did something wrong when she added some writing to the graphic. Poor woman was physically ill over it.
Hugs,
LJ

Re: Those Using Hugware Graphics by PC Crafter -- KrafteeKaren, 12:14:46 09/07/06 Thu [1]

Katieangelamber....thanks I had forgotten about that.
LJ....a lot of the ladies are looking for other graphics to use with no limit. I posted links to the ones that we use on Crafty Images on one of the message boards. What I find odd is that they gave permission on one of the boards that I belong to that the images could be embedded inside of an email in this one group but when another group I belong to ask they wasn't given permission.
Hugs

Re: Those Using Hugware Graphics by PC Crafter -- Kitty, 12:32:16 09/07/06 Thu [1]

Check out this web site:

http://www.daisiecompany.com/new/

Re: Those Using Hugware Graphics by PC Crafter -- Sondra, 14:29:25 09/07/06 Thu [1]

I have been watching the PC board for several weeks now and this has been a real hot subject. I have most of the hugware sets and have always used their graphics on items I sell both at craft fairs and craft malls. I did e-mail them with my concerns and was given permission to use their graphics on finished items I sell on my website but I can not use them for any items I have in my booth in craft malls. I do not understand their thinking on this but rules are rules... I just don't believe they should be changed in the middle like this and it take effect immediately. What worries me is that there are hundred's of crafter's out there that are using the Hugware graphics in gift stores and craft malls that don't go on the message boards therefore they have no idea that they are breaking the new Terms Of Use.
We can't use gum.altoids,or lifesavers anymore what's next...M&M's, Tea Bags, Coffee, Microwave Popcorn and Cocoa. I have a lot already made up for the Holiday season but afraid to make anymore becasue who knows when these companies will decide we can no longer use their products.
Check out the Daisie Company that Kitty has posted. I have and have found it to be a really nice site...and their Terms Of Use are 200 per graphic.
I have already ordered some of her sets and am very pleased with them.
Except for the Tic-Tac-Toe boards and Tiles all the other items I make take some kind of product to finish it ( M&M's, tea bags, popcorn, mints...etc..etc.)
I'm not sure what I am going to do now...step back I guess and see what's going on.
Sondra

Re: Those Using Hugware Graphics by PC Crafter -- Judy from GA, 15:09:45 09/07/06 Thu [1]

Wow!! I am glad I am just making gifts these days. But even that can make a person nervous with the way things are going. Sondra mentions not using gum and altoids--does that mean we are not supposed to alter the tins that they come in? I had saved some to use for personal gifts and SUPPOSE that is OK??
Judy

Re: Those Using Hugware Graphics by PC Crafter -- KrafteeKaren, 16:08:14 09/07/06 Thu [1]

Sondra...from my understanding this all came about from someone bragging on the Message Board about something that they were doing and then that person emailed Hugware and ask. It mushroomed after that and went into a situation where threads was taken down and everyone was told to not post anymore about the subject. Hugware claims that this has always been their policy but they just never enforced it which might be true. It is a sad deal because we as crafters can always find other graphics out on the net to use either commerically or for non-profit so it doesn't hurt us except for what is already made up. It does however hurt the graphic artists which is technically the owner of the graphic, Hugware is not, it is just their agent....the middle man.
Judy from GA...I wished that I could answer that question for you. I would say if there isn't anything inside of the tins anymore then they could be considered trash and fair game to use. But please do not quote me at this because this is something that I have no idea.
Hugs

Re: Those Using Hugware Graphics by PC Crafter -- CJ in PA (sad & leary), 16:14:19 09/07/06 Thu [1]

I've decided not to make ANY crafts with graphics on them. I wanted to make cd clocks for my upcoming shows that included graphics purchased online. I've decided to totally scrap the idea because of all the possible lawsuit threats I could be setting myself up for. This is very disappointing to me. I do not feel comfortable or safe enough to purchase graphics any more. I also just found out that I can't even use my PrintMaster for things other than personal use.

Guess it's back to the drawing board now to see if I can rethink my idea. Thank you ladies for keeping us informed.

Re: Those Using Hugware Graphics by PC Crafter -- BJ Marhefka, 16:19:03 09/07/06 Thu [1]

I too have tons of their sets and am in awe of all this BS. I cant believe they ahve done this to us. I was on the one group that closed down because of it...what a shame! I dont sell anything I just use them for gifts and for fun so I guess Im alright for now. I wonder if they are going to somehow keep count of how many times you use the graphic. there is no way to keep track unless you use it all at once!
BJM

Re: Those Using Hugware Graphics by PC Crafter -- KrafteeKaren, 16:36:28 09/07/06 Thu [1]

CJ...you can do what you are wanting to do very easily. When you look at the TOU of any site that you like their graphics, pay close attention to their restrictions. There are some wonderful graphic artists out there that doesn't not have any restrictions other than you just asking if you could use their graphics. If you want a list, I'll be glad to send it to you, just email me and ask. Also if you find a graphic site and want me to read over the TOU, I'll do that for you as well. Believe you me, I've read over a lot of them when we were putting together Crafty Images. As a matter of fact, any of the links for the graphic artist on Crafty Images has allowed us to use their graphics, you can go through the links and find some that you would like to use.
BJM...I agree that it is BS but unfortunately there is nothing that we as the little man can do unless we just don't purchase from them anymore. And yet that isn't a solution either because someone will buy from them no matter what. If I may ask what was the group that closed down that you were in? You don't have to tell me here if you don't want to, just email me.
Hugs

Re: Those Using Hugware Graphics by PC Crafter -- Lori Jean, 17:33:53 09/07/06 Thu [1]

CJ,
Here are some cute graphics at reasonable prices. The artists are very obliging and have easy TOU.

http://folkarttreasures.com/

http://www.jersgirl.com/sets.html

http://groups.yahoo.com/group/RaggedyScrappin/

Hugs,
Lori Jean )

Re: Those Using Hugware Graphics by PC Crafter -- BizzyBee, 17:38:20 09/07/06 Thu [1]

Yowza...how awful and how FRUSTRATING ! I don't sell any crafts, thankfully... but does this mean, I can't make mint books for "occassions" , such as graduations or as party thank-you's ?? I think most of the images I've used has been from Printmaster or someone here.

Sorry, I'm slightly confused with all this.

Karen, how do we get to Crafty Images ? Is it a public site or just for commercial use?

Sheesh, I don't know how you keep track of all this Karen!

Thanks so much..
Hugs,Patty (and Shame on Hugware!)

Re: Those Using Hugware Graphics by PC Crafter -- BJ Marhefka, 18:31:11 09/07/06 Thu [1]

Karen
You have mail!!

Re: Those Using Hugware Graphics by PC Crafter -- KrafteeKaren (), 00:31:32 09/08/06 Fri [1]

BizzyBee...this is what I am going to college for is to get a degree in Digital Media...fancy name for a Webmaster, lol. I have to keep up with most of this for several reasons but my biggest reason is to protect everyone on the board.
Crafty Images was designed last year and has been up and running ever since. It is printables that was made by Caboobie, Kimberly, Lori Jean, Pat J, Katieangelamber, Sondra, Genie and myself to share with whomever wanted to use them. We each have permission to use certain graphics from different graphic artist and the first several pages have links to different sites. If you want to get into where the printables are, you have to have a username/password which you will have to email me to get. The url where the links are is http://craftyimages.com/
If you use graphics for your own personal use as in giving them away, etc., you can use the images from Printmaster but please read there Terms of Usage because I am not 100% sure.
Hugs

Re: Those Using Hugware Graphics by PC Crafter -- stephanie, 11:20:47 09/08/06 Fri [1]

I just have a question...above was mentioned, we cannot use food products in our sales, like gum,etc...is that from the companies policies? This is new to me and if so, what a rip for those who do craft sales.

Re: Those Using Hugware Graphics by PC Crafter -- KrafteeKaren, 12:23:07 09/08/06 Fri [1]

Stephanie....I need to go back and re-read the post that was on PC Crafters message board about it. I did read it but I didn't see any place where it said you couldn't as long as you keep the orginial wrapping on their product.
Hugs

Re: Those Using Hugware Graphics by PC Crafter -- BizzyBee, 14:12:14 09/08/06 Fri [1]

Thank you Karen !! Your time and info is very much appreciated! I'll be visiting Crafty Images very soon
Hugs!
Patty

Re: Those Using Hugware Graphics by PC Crafter -- katieangelamber, 14:34:03 09/08/06 Fri [1]

Found this on the Daisie message board. It's about the use of Wrigleys products. Hugs, katieangelamber
http://www.daisiecompany.com/forum/view ... 1989666209

Re: Those Using Hugware Graphics by PC Crafter -- stephanie, 18:35:50 09/08/06 Fri [1]

thanks Karen for the info...and all the rest of you too...

Re: Those Using Hugware Graphics by PC Crafter -- jenjoy, 19:08:17 09/08/06 Fri [1]

Good grief...can you imagine what would happen if we poets started charging for our poems and then limiting the number of times you could use one of them? (we'd be rich! WOOT WOOT! lolol) Seriously though...this is crazy!
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Fri Nov 21, 2008 2:47 pm

Date Posted: 00:50:00 11/07/08 Fri
Author: Betty from mo
Subject: ? about copyrights

One project we did in my building is taking pictures from magazines and decoupage them onto light switch plates. They turned out really nice. Now I'm wondering, if we sell them are we breaking any rules by selling them as these were published pictures?

Replies:
[> Re: ? about copyrights -- KrafteeKaren, 01:31:46 11/07/08 Fri [1]

Betty from MO....sorry but you will be if you sell them.
Hugs

[> Re: ? about copyrights -- Betty from mo, 10:09:27 11/07/08 Fri [1]

I was afraid of that. How about stickers used to enhance cards?

[> Re: ? about copyrights -- Kritterno1, 16:42:20 11/08/08 Sat [1]

Check what it says on the sticker package to see if you can usse on items to be sold. I know the Precious Momeents stickers cannot be used on items to be sold.
Mary
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Fri Jan 28, 2011 12:37 am

Date Posted: 20:35:21 01/03/11 Mon
Author: Kathy
Subject: Question about copyrights

My question is:
When you buy a pattern for say, a cupcake coin purse, and it's written so badly and doesn't even look like the picture when you follow the pattern, and you can think of an easier way to do the same thing, so it's a whole different pattern, but looks the same now as the pattern picture, when does it become yours?
I don't want to copyright anything, but what are the rules?
There are tons of crocheted cupcake patterns out there, so "Cupcakes" can't be copyrighted, but how much of the pattern can be changed. The pattern has really just made me think of a better way to make the same thing.
Any thoughts on this???
Thanks for any help.

Replies:
[> Re: Question about copyrights -- KrafteeKaren, 21:47:54 01/03/11 Mon [1]

Kathy...the rule of thumb use to be that you have to change a pattern 50% before it is considered a different pattern.
Hugs

[> Re: Question about copyrights -- Kathy, 21:19:33 01/04/11 Tue [1]

Thanks........Kathy
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey

Postby crafterwannabe » Sun Mar 20, 2011 11:17 pm

Date Posted: 23:43:48 02/15/11 Tue
Author: SueZQ
Subject: Copyright Information

A while back I think there was some discussion about copyright laws and what they covered. This site gives easy to understand answers to all of the questions that people have and really details what your rights are. They explain what changes constitute a new item, and it also tells what you need to do if you chose to take someone to court. It's a site that some of you might want to bookmark for further reference, I know I am.

http://www.copyright.gov/

Replies:
[> Re: Copyright Information -- Susie, 10:42:05 02/17/11 Thu [1]

Thank you for sharing this!

[> Re: Copyright Information -- jacksmum, 16:06:45 02/17/11 Thu [1]

Very useful. Thank you xxx

[> Re: Copyright Information -- Carmelita, 10:13:28 02/18/11 Fri [1]

Thank you SueZQ and have a wonderful weekend!
Carmen

[> Re: Copyright Information -- Shirttails, 11:17:23 02/19/11 Sat [1]

You might like to keep this in hand as I think this says alot in easier language. The two sites should help someone.

http://www.geom.uiuc.edu/events/courses ... tects.html
crafterwannabe
 
Posts: 16585
Joined: Fri Jan 23, 2004 4:01 pm
Location: New Jersey


Return to Archive Board

Who is online

Users browsing this forum: No registered users and 1 guest