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Old 03-03-10, 04:42 PM   #11 (permalink)
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Another option, Barb, is to create a sheet/card with some clipart, then contact the site/copyright holder and ask if that is acceptable usage. Direct them to the CUP site, so they know what you would be using it for. Also explain that some of the people buying the item would be using it to sell commerically, so they know it's a CU4CU (Commercial Use for Commercial Use).

It does get confusing, that's why I frequently shoot off a sample of my work with a link to CUP so they can see how it would be used. Recently I did that and the site wanted $500/year for me to use their clipart. Needless to say, I passed, as there are much less expensive options out there.

Just keep asking questions, the designers are more than willing to help out.

Check out Free PSP TUBES Downloads, Clip Art, Scrapbook Embellishments & Frames! for some freebies you could use. He also has some great specials right now for memberships that are not very expensive.
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Old 03-03-10, 07:55 PM   #12 (permalink)
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Originally Posted by annelieskirk View Post
You can buy certain books. One series I know of is the Design Source Book Series. You are permitted to reproduce up to 15 of the individual designs for any single graphic or craft project without the prior permission of the Publishers. The publisher is Search Press Ltd. You can get these books in Hobbycraft. There are all types of subjects from Traditional Japanese Designs to Classic Border Designs. There are approx 25 in the series. The price of one book is £4.95. They only have approx. 32 pages.

They are great if you are just starting out. Hope this helps.

Annelies

Hi

Can these be used for CU as it doesnt say in the book. I have tried looking for further info on the Searchpress website but cant find anything and also emailed them with no reply. I have about 20 of these books and it would be great to use them.

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Old 03-03-10, 11:02 PM   #13 (permalink)
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Not entirely sure about that. I have just read in one of the books "Readers are permitted to reproduce up to 15 of the individual designs for any single graphic or craft project without the prior permission of the Publishers. Wherever possible readers should acknowledge the title, author and publisher". But then it goes on saying that reproduction of any of the designs for any other purpose, including books, electronic or other design resource is strictly prohibited.

The fact that we are designing electronically maybe means we are not allowed to use them. But there is nothing stopping you from taking a design and changing it so that it becomes your own, so that when you look at both side by side they look different. Changing a line here and there can completely change something.

Hope this helps.
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Old 04-03-10, 12:29 AM   #14 (permalink)
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Be very careful of taking someones work and changing it.
It could get you into a legal minefield!!!!

The old adage that if you change it by a certain % it is Ok is NOT Ok and could see you in court!!!

If you've mailed someone with a sample sheet, give them a couple of weeks to reply, if not email again. People get busy and sometimes don't always check and reply to emails immediately.

Always be polite...don't seem impatient.....they may just be trying to find out more before replying.
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Old 04-03-10, 10:47 PM   #15 (permalink)
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When I was at college studying graphic design we were taught all about copyright and I have read many articles on the subject. Our lecturers, who are in the graphic design industry as well as teaching have always said as long as you make the design YOUR OWN then it is okay, but it has to end up being different.

You can get ideas from anywhere. You might for instance look at a fence and get an idea. No one will take you to court because one curl is the same as the fence. A lot of the work out there is very similar in look and style and can be assumed that it has been copied.

We all look at things with a designers eye, that is what makes us produce what we do.

Maybe Barb it would help to get some books to help you to draw and design. Then you will need to practice. Because once you can draw you can do anything. You might see a cuddly toy or a case or whatever and you can definitely use these in your designs.

Hope this helps
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Old 05-03-10, 01:18 AM   #16 (permalink)
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Quote:
You can get ideas from anywhere. You might for instance look at a fence and get an idea. No one will take you to court because one curl is the same as the fence. A lot of the work out there is very similar in look and style and can be assumed that it has been copied.
That is right.......you cannot copyright an IDEA.....so if you see something and then do the same idea to create something that is fine.

But.....what I meant was you cannot take someones photo/image/piece of art etc and recolour a couple of things, put a couple of hearts or something on it and then call it yours. The copyright belongs to the original photo/image/piece of art and you have to read their TOU if they have some on their site, and see if they allow manipulation of their images. Thats like taking the lyrics to a song, changing a couple of words to it and calling it yours.......doing that will end you in court very quickly.

But just seeing something.....and a lot of artists do this....say while walking down the street, taking a drive in a car out in the wilderness, seeing something in a magazine.......will look at it and be inspired to do something ......they get an IDEA.....and thats fine.

Even looking through the site here......you see a card that takes your fancy.....and it might give you an IDEA........thats fine too.
Just dont buy that card, then recolour and claim as yours.....big nono!
Thats what I was trying to say in the other post.
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Old 05-03-10, 04:08 AM   #17 (permalink)
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Originally Posted by annelieskirk View Post
When I was at college studying graphic design we were taught all about copyright and I have read many articles on the subject. Our lecturers, who are in the graphic design industry as well as teaching have always said as long as you make the design YOUR OWN then it is okay, but it has to end up being different.

You can get ideas from anywhere. You might for instance look at a fence and get an idea. No one will take you to court because one curl is the same as the fence. A lot of the work out there is very similar in look and style and can be assumed that it has been copied.

We all look at things with a designers eye, that is what makes us produce what we do.

Maybe Barb it would help to get some books to help you to draw and design. Then you will need to practice. Because once you can draw you can do anything. You might see a cuddly toy or a case or whatever and you can definitely use these in your designs.

Wow - have I opened a can of worms or what! I guess copyright is probably a topic that needs to be discussed here on the forum, especially for new designers. Ultimately it is up to the individual to be responsible for it as (as far as I'm aware) cUp accepts no liability for copyright infringement.

On the first point Annelies I have to disagree - from what I have discovered so far many will still deem their designs/art/photos to be be theirs even if they have been altered. The digital world is a minefield when it comes to copyright. Yet funny enough, on some sites you HAVE TO alter the image to be able to use it - but is is solely because it is the owners' TOU on the site. Ultimately that's what we have to observe - so I will be checking it out VERY carefully.

The second point I totally agree with - inspiration is limitless. It is unbound by laws but the finished product must still not resemble too closely someone else's work. Geez - just recently, using music as an example like Vicki, the Aussie band "Men at Work" were taken to court as someone claimed that a tiny musical section of one of their songs, "Land Down Under" resembled "Kookaburra sits in an old gum tree ..." (almost like the curl on the fence?). Guess what? They lost the case! The copyright owner of the little ditty song received a HUGE payout from Sony Music as it "closely resembled" the piece in question. It basically comes down to what will the owner will tolerate their work being used for I guess.

And just lastly ... I can draw, photograph and design I was simply interested in sourcing some other images (I love the vintage floral designs) that I can use to get started with PSP as I haven't done computer based artwork "yet" , but thankyou for the advice all the same.

Last edited by Barbara Ellen Andrews; 05-03-10 at 12:19 PM. Reason: typo - sorry
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Old 05-03-10, 10:25 AM   #18 (permalink)
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When sourcing PSP tubes to use I always check the TOU. I've managed to find some which say they can be used commercially or in any way you wish (or words to that effect). Some simply ask that you put their web address on anything using their designs. If they say they are for personal use only I simply don't use them and respect their wishes.

I've only recently gone through all my tubes and tube websites and removed any which are "personal use only". It took a while but at least it will keep me out of trouble! I've also been creating tubes from my own photos too. I know they're OK!

There is a good source of material on here Reusable Art. The site states that everything on there is over 70 years old and copyright free. It also lists the copyright rules for many countries of the world. A very useful site.
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Old 05-03-10, 12:47 PM   #19 (permalink)
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Here is some reading for you on Copyright:
Copyright - Wikipedia, the free encyclopedia
Intellectual property - Wikipedia, the free encyclopedia
Sui generis - Wikipedia, the free encyclopedia
Moral rights (copyright law) - Wikipedia, the free encyclopedia
Wikipedia:Copyrights - Wikipedia, the free encyclopedia
Wikipedia:Copyrights - Wikipedia, the free encyclopedia
In a Wikipedia age, should all ideas be free? / The Christian Science Monitor - CSMonitor.com

This list is from anther forum I belong to, but I thought it was relevant her as well
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Old 05-03-10, 01:36 PM   #20 (permalink)
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Good links those.....but a lot of reading lol

Copyright is a LOT to try and absorb. Just when you think you have got the basics, something pops up and you scratch your head and then have to go look it up and try and wrap your head around it

And what confuses it even more is that every artist, every creator, etc has their own TOU. So what you can do with half a dozen artists work, you can't do with another half a dozen.

Thats why we teach...the basic rule of copyright as......if you don't know who the artist/creator etc is.......don't use it.

Simply because you don't know firstly who its copyright too, but what are their TOU?????? You can't look them up if you don't know WHO to look up.

Second rule........if you cant find a TOU/FAQ........don't use till you've found them. sometimes this involves writing and asking.
If you get a reply you're lucky in a lot of cases. lol

There are a lot of sites out there too that simply 'tube' others work.
Tubing is taking the background out of an image so you are left with one item. ie......you have a picture with a forest scene, in that scene there is a deer drinking out of the stream that flows across the bottom of the picture. You want to 'tube' the deer.......so you take out all the background and the stream so the only thing left is the deer......the tube!!
Tubers have no claim to anything. Quite possibly they've done it illegally too as if they'd read the artists TOU, they'd have read that you cannot rip the image apart!! Some seem to think because they've tubed it, they own it!! Not so.

So getting ones head around it all is mind blowing!! Lots of sleepless nights when I was studying it, just trying to comprehend things
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