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Els AW
01-05-2013, 04:52 AM
Maybe the designers can help?

When I was participating the contest, I got in my feedback that I could not use coloringbook-images, like the parrot in my "Tropical Wishes".

But, what if I see a greeting card with a drawing of a parrot on it. I buy it, scan and extract it, is this allright?

Another thing: I buy a doll, take a photo and extract the doll to use in a kit.
Is that okay?

What if it is a Barbiedoll? LOL!
My daughter and I loved to make clothes for them, could I take a photo and extract the doll, or is this not-done?

msbrad
01-05-2013, 05:02 AM
I'm certainly not an expert, but I would think if you purchased and are using for personal use, it should be ok.
my thoughts are...the circle was only invented once.
m

Els AW
01-05-2013, 05:08 AM
I know you can use everything for PU, but I want to make a scrapkit for sale ;-)

msbrad
01-05-2013, 05:18 AM
I know you can use everything for PU, but I want to make a scrapkit for sale ;-)

OOOOOOOOOOOOOOOOOOOOOOOOOOOOOO....gottcha.
m

donakat
01-05-2013, 02:57 PM
None of the things you suggested would be ok for making a kit to sell, Els. If, however, the greeting cards are vintage (no longer under copyright protection) and the doll is an antique (over 100 years old), then that would work. All the popular dolls and toys made by companies today are heavily protected by copyright laws, and they will pursue legal action against anyone infringing on those rights. Never consider using Disney images in any kits, for example, as they are very aggressive in going after people using those images for commercial gain. I'm sure Mattel is similarly-minded on this issue.

Of course you can put anything in your personal scrap layouts or kits you use for your own personal pages. But not commercial or scrap for hire.

Els AW
01-05-2013, 11:15 PM
Thanks you Donna, I knew about Disney and ofcourse about Barbie, that's such a big busines, you better not touch it ;-)

But another thing: in some kits I see those little statues of (as for example) angels, is that allowed?

Bright Eyes
01-06-2013, 07:24 AM
Els, those angels/statues are copies of original ones from 100's of years ago. Many were from Michael Angelo's paintings and scupltures or from others of the same vintage.

Els AW
01-06-2013, 02:08 PM
Sorry for beeing a little dummy, but suppose I have a stockphoto, sold as CU ok.
Can I extract the item and use in my kit.
Let's say it is this parrot again?
Or, if I go to the zoo to take a photo of the parrot?

;-)
Want to do it right you know!:wink:

donakat
01-06-2013, 02:10 PM
So, to further explain what Bright Eyes said, they're not subject to copyright any longer. But Precious Moments figurines, for example, would be hands off.

Els AW
01-06-2013, 02:12 PM
So, to further explain what Bright Eyes said, they're not subject to copyright any longer. But Precious Moments figurines, for example, would be hands off.

Thanks for beeing so helpfull, only... what are Precious Moment figurines?
Is this a trademark like Disney?

msbrad
01-06-2013, 02:24 PM
I don't believe the 'mouse' is in charge of these.
http://www.preciousmoments.com/
I own a bunch of them too.
m

Seoul2SoulScraps
01-06-2013, 08:05 PM
I look at it this way, if someone else drew it or designed it, then I'd better have a CU license to use it in a kit. If God made it, then I can photograph it and extract it. :)

Art for Scrapbooking
01-06-2013, 11:08 PM
I look at it this way, if someone else drew it or designed it, then I'd better have a CU license to use it in a kit. If God made it, then I can photograph it and extract it. :)

Thats a good and safe philosophy Tricia.

Els AW
01-07-2013, 12:11 AM
I don't believe the 'mouse' is in charge of these.
http://www.preciousmoments.com/
I own a bunch of them too.
m

Thanks for the link!
I was just giving an example with Disney ;-)
I think the things on the site are all famous, like the "Hummeltjes" we have in Europe.
I wouldn't think of having those in a kit!!

But if I follow the thougth of Sharon, I could not take a picture of a common teapot? Or a pen?

Art for Scrapbooking
01-07-2013, 01:03 AM
Thanks for the link!
I was just giving an example with Disney ;-)
I think the things on the site are all famous, like the "Hummeltjes" we have in Europe.
I wouldn't think of having those in a kit!!

But if I follow the thougth of Sharon, I could not take a picture of a common teapot? Or a pen?

If it was a teapot that had nothing to make it different you might be ok but if there is any design put into making it you should not. Same with the pen. You could make your own pen with a graphics program. A lot of designers use the guideline of it is 'generic' which means there are hundreds of companies all making exactly the same thing - but if it is different in any way its a no.

Els AW
01-07-2013, 01:58 AM
Thanks, you are all very helpfull!
Have to learn to draw things myself I guess LOL!

Ingrid1963
01-07-2013, 04:11 AM
Thanks, you are all very helpfull!
Have to learn to draw things myself I guess LOL!

And so you have a new hobby! :wink:

Els AW
01-07-2013, 04:48 AM
And so you have a new hobby! :wink:

Hobby? I think you can consider this my job...:twitcy:

Ingrid1963
01-07-2013, 11:10 AM
Hobby? I think you can consider this my job...:twitcy:

Yes, I know but I meant learning to draw as a hobby

Els AW
01-07-2013, 11:21 AM
Yes, I know but I meant learning to draw as a hobby

I was not clear enough: because I cannot draw, it would be just for my work.
But you never know, maybe I become good in it and then it could be a hobby, yes!:wink:

Els AW
01-07-2013, 12:39 PM
Here I am again!
In several kits I saw little teddybears in all sorts.
But is that allowed?
Or are these artists just gambling no one will notice? :biggrin:

britnkaysmemaw2
01-07-2013, 04:29 PM
My suggestion would be to check the Designer TOU's on those kits and see if they are crediting and who they are crediting.

There are Many CU items out there that most of the designers use.

Just do a search for Commercial Use Srapbooking and you will be amazed at how many sites there are!

Good Luck!

Art for Scrapbooking
01-07-2013, 04:36 PM
There are also a lot of things personal and CU sold that are not really ok but yes lots just hope they get away with it or don't know any better or do know and choose not too. You even see CU sold that has to be from extracted stock photos and it is questionable where they get their stock. The safest bet is stick to what you are sure of.

Els AW
01-14-2013, 01:37 AM
Thanks for your answers.
Have to figure out lot of things I guess ;-)

But (here I am again...) suppose I have a license from someone that allows me to use her elements in my scrapkit, how can I be sure?
Is it enough to mention this license in a TOU if she doesn't need credits for it?

Another thing: sometimes I see with a CU TOU: allowed to resize, recolor, but you cannot rename it.

But everything in the kit gets my name, do I have to leave her name in my kit then?

Sorry if I ask so much, but I'm just starting and want to do it the proper way!

Art for Scrapbooking
01-14-2013, 02:10 AM
Answers below


Thanks for your answers.
Have to figure out lot of things I guess ;-)

But (here I am again...) suppose I have a license from someone that allows me to use her elements in my scrapkit, how can I be sure?
Is it enough to mention this license in a TOU if she doesn't need credits for it?
You can only bee sure if you make yourself or buy from someone you know you can trust. So best thing is just to protect yourself. When you make a kit keep a list of CU items you use and save it with the kit. Then if you are asked you can quickly provide the information. It is up to you if you list in creadits if hey don't ask for TOU. Individual designers do this differently. I personally don't like long lists of everyone someone 'may have used'. But that is just me. I credit if it is asked for and also would if the person sells in the same store. Realisically it will proabbly not come up but if a customer asks then the store owner can ask you where you got it from. It does happen that designers pirate things and the store owner needs ot cover themselves as well. In this case you would just take the item down until it is sorted out.
Another thing: sometimes I see with a CU TOU: allowed to resize, recolor, but you cannot rename it.
I have not seen that. I have seen that you cannot recolor and it is usually graphics like whimsy primsy. I would not personally use ones that say you cant renme but maybe if you give us example we could answer more.
But everything in the kit gets my name, do I have to leave her name in my kit then?

Sorry if I ask so much, but I'm just starting and want to do it the proper way!
Its good to ask. you will find scrapbooking has its own rules and can be different to other communities.

Els AW
01-14-2013, 03:25 AM
Thanks Sharon!
I'll do my best to create myself as much as possible!

GDSDiane
01-16-2013, 03:30 PM
Wow! I learned a lot of information from this thread. I am also inquiring about photographing objects to use in kits as long as it does not have a registered name on the item. I know it is safest to use items that are more than 100 years old. I would like to photograph some items I received from my grandmother to use in kits, such as jewelry, makeup compact, doilies, handkerchiefs. I am also wondering about plain Christmas ornaments that I have purchased through the years, such as glass bulbs, plastic angels, etc. They have no identifiable name on them. Are they okay to photograph and use in kits that you sell? I know not to use any registered name ornaments such as Barbie, Disney, and Precious Moments.