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Legal Infringements - Pls Read & Review your store (Read 9711 times)
Mindy
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Legal Infringements - Pls Read & Review your store
Jul 13th, 2007, 5:07pm
 
We were recently notified that a handful of cards on GCUniverse are likely infringing on copyrighted, trademarked and licensed materials  Shocked  Certainly we believe there is no harmful intent by our artists.  It's simply a matter of understanding the boundaries of the guidelines.
 
We would like to more clearly highlight the guidelines for existing and future cards on GCUniverse.  We will be incorporating these measures into our card approval process and acting conservatively.
 
This applies to any brand names & images, sporting team names, logos & images, famous people and their likenesses even in caricature.
 
As stated in the GCUniverse Terms & Conditions accepted at registration, you must have written approval from the appropriate entity and/or a model release to use these images, or the images are in violation.  Each artsist is responsible for their own content.
 
The primary issues in the T&C's are:
 
1. You must have a signed consent form to use the photo or likeness of:  
A minor under the age of eighteen (18) where the face is recognizable - such release is needed from their parent or guardian  
An adult where the face is recognizable and the photo was taken at a non-public event, such as someone walking down the street - such release is needed from that person  
2. Use of the image will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, intellectual property right, moral right or any other legal right of any party.
 
For example, images and artwork depicting:
Musicians - Janis Joplin, Elvis, etc.
Actors/Celebrities - Marylin Monroe, James Dean, etc.
Sporting Teams - NY Giants, Dallas Cowboys, etc.
Cars - Ferrari, VW, etc
Brands - Dos Equis, Ghirardelli, etc.
 
Similarly this applies to keywords of the same nature that would produce unauthorized and misleading search results that are not allowed and should be removed as well.
 
We have already removed a few cards that were in violation.  Those artists will be contacted directly.  Please review your cards with this in mind and remove questionable cards from your store.  If you are not sure, please feel free to ask our advice.  Each artist is legally responsible for their own art so please act accordingly.  
 
Thank you for your understanding and cooperation  Smiley
Mindy
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Teri Francis_131425
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Re: Legal Infringements - Pls Read & Review your s
Reply #1 - Jul 14th, 2007, 9:52am
 
I'm glad this issue came up ... I've been wondering how handle some cards I've already created for personal use, but I haven't submitted them to GCU because I wasn't sure about the model release/copyright infringement rules.  
 
I have a couple of questions in this regard that I'd appreciate your guidance on.
 
1)  I have several family and friend photos that I've personalized as cards to send only to individual(s) in the photo ... I've done this for years from my own little HP printer ... everyone gets a kick out of seeing their photo and my artwork on a greeting card sent to them by mail.  I've been doing this for nearly 10 years, so it's become something of a family/friend tradition.  Obviously, I don't get a model release or worry about copyright infringement on these because I'm not selling them.   I'd love to continue doing this through GCU ... it would make it much easier and faster for me to create the individual card(s) ... and it would be great marketing for GCU.  I would also like to send the bulk of my Christmas cards (both my own GCU cards and those from other Artists) through GCU this year, but again I often use photos taken throughout the year to create individual cards for people.  
 
I've been wondering for a few weeks how to handle this through GCU ... there's a little box on the left side of the Paper Cards page that says "Send a personal photo greeting card"  ... which I think is such a great idea!!! ... but I've wondered (and worried) that if I upload an image for that purpose if it will go into my storefront.   I don't think anyone else would be interested in purchasing cards with photos of my family and friends ... not that they're not attractive and lovely people, but I would not want to have their images for sale to the general public without permission.    
 
So, any guidance on this issue would really help.  I'm assuming that I could upload an individual card image, and if it's accepted, send it to the individual and then delete it from my saved images on the mangement page ... but is that allowed or accepted at GCU?   I also wonder if there is a way to "hide" selected cards from the public storefront without having to delete them from the saved images ... in case either I myself or the recipient would like to buy or send additional copies of that card.
 
2)  Similarly, I take a lot of photos at ballroom dance events and competitions.  Each event usually has very specific rules about what can and cannot be photographed and how those photos can be distributed and/or sold.  I have never sold any of my dance photos, but I have provided the "good ones" to the participants, the studios, and the sponsors of the events in the forms of prints, cds, music slideshows, and posters that they can use for their own personal enjoyment or for marketing to help promote ballroom dancing to the general public.  I am a member of the US Amateur Ballroom Dance Association - DanceUSA, so I follow their guidelines on these matters.
 
I have no wish to sell cards with my original photos of dancers, whether they are friends or strangers, even with a model release.  But I have often taken some of my original photos and created dance artwork from them ... one of which is on my storefront now.  I'm wondering if I should remove that card ???
 
I have about a dozen cards that I've been working to create a series ... one for Waltz, Tango, Foxtrot, Rumba, Cha-Cha, Samba, etc. that I was hoping to put up for sale exclusively on GCU and promote them to other ballroom dancers as well as to the general public.  They would be similar to the one I have up now ... created using an original photo (taken my me, of course) and tracing it in a vector/editing program, then drawing and reoganizing the elements into a finished --and usually quite different -- image than the original photo.  In the one dance card I have for sale on GCU, I basically used the outline of the dancers, and the flow of the woman's dress as the foundation, and re-drew the facial features and other details ... if you look closely, you'll realize I'm not a very good facial artist!  I realize though that the woman looks somewhat like Marilyn Monroe, so if this does present a problem, please let me know and I will remove the card and re-draw the woman and resubmit a new version of the card.  That, of course, if this method of editing photo/artwork is acceptable at GCU.  
 
Gee, Mindy ... sorry to have run on like this, but I'd like to be sure about the rules before investing the time on creating these kinds of cards for GCU if they would in any way be in voilation of the rules and guidelines.  
 
I'm not sure how pertinent my concerns are to other artists, but I'm really hoping that all of us will spread the word about GCU to everyone in our circle ...our family, friends, business associates, and organizations that we're involved ... and the best way I can think to promote the many great cards at GCU from my end is to send GCU cards to the people I know who are card buyers.  I'd like to begin doing this more heavily by the end of this month and early August.
 
Thanks for the opportunity to bring this matter to our attention and clarify what is acceptable and what is not.  Again, if the dance card is a problem, let me know ASAP, and I'll delete it from the storefront immediately.  Thanks again!
 
Teri          
http://www.greetingcarduniverse.com/squirrelhugger
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Mindy
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Re: Legal Infringements - Pls Read & Review your s
Reply #2 - Jul 16th, 2007, 12:38pm
 
Hi Teri,  
All very valid points, concerns and questions.  Thanks for taking the time to put it down in words.  
 
1.  For personal cards, yes, you absolutely can use the "Photo Card" feature for yourself as a shopper.  This will NOT put the card into your storefront.  The image will be added to your Saved Images page.  These cards however will not have your image credits on the front although you could put them on the inside of the card.  Also, you do not earn commissions but you can use your artist discount.  
 
Model releases do not apply since you are not selling these cards however the trademark, copyright, etc. do apply.  
 
Others would not be able to purchase these "photo cards".  Related to that, we are working on some alternative settings that would either allow you to mark selected  cards in your store or possibly even your whole store as "private".  It's going to take a bit of time but we've had several instances where this would be helpful.  
 
2. As for your dance photos & images.  The effect is very striking.  A couple of thoughts.  I think you're fine to work with your original photos as long as the identity of the person is not recognizable at all.  Without seeing the original photo it's difficult for me to tell if your "Dance" card varies enough from the true identity.  I will say at first glance with the white dress I did think this was Marilyn Monroe but at a closer look it's obvious it's not so she's fine as long as she doesn't look like the real dancer.  
 
BTW, feel free to attach my photo to any fabulous dancing bodies, ha!  Wink
 
Something to think about.  We are working on a community/interest based Card Widget which will allow others to sell GCUniverse cards and earn commissions too.  This comes to mind with your dance cards.  Imagine the dancers and/or dance organizations posting a widget on their site/blog pointing to your dance cards.  
 
It will be a great venue to further promote GCUniverse cards!  
 
Mindy
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Mindy
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Re: Legal Infringements - Pls Read & Review your s
Reply #3 - Jul 2nd, 2008, 3:25pm
 
Please see this article re: the issues around trademarks and their use in user generated content.  The issue is real and has legal ramifications:
 
http://www.internetretailer.com/dailyNews.asp?id=26979
 
As we have established in our guidelines this applies to the images themselves as well as any text relating to the image; keywords, inner verses, titles, etc.
 
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Mindy
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Re: Legal Infringements - Pls Read & Review your s
Reply #4 - Aug 5th, 2008, 1:07pm
 
Here's a good article on this topic discussing Celebrity Likenesses in Art:
http://www.fineartregistry.com/articles/art-legalities/celebrity-likeness-art.ph p
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Tami_134490
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Re: Legal Infringements - Pls Read & Review your s
Reply #5 - Aug 8th, 2008, 9:13am
 
Hi Mindy
 
I'm also glad this topic has come up - I've been trying to do some research on copyright enfringement as I'd like to do a series of cards inspired by famous artisits - such a Hockney, Pollack... The cards will look similar to their style. (I've done one card with a Mondrian influence which I've got in my gallery)
 
The cards would be based on their style and I'd like to use their name as an influence for the card (in the artisits notes and in the search keywords). I'm not passing the cards off as being done by them as I'm not imitating any of their works, just their style. The artisits I'd like to use have not been dead for more than 100 years and their works are not yet in the public domain (like the Mona Lisa) - would I be violating any copyright in doing this?
 
Thanks
Tami
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Delores_132508
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Re: Legal Infringements - Pls Read & Review your s
Reply #6 - Aug 8th, 2008, 11:34am
 
Tami,
I would certainly think that just by copying someone's style and not their actual works of art would not be copyright infringement, but I would like to hear someone else's opinion on this.
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Mindy
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Re: Legal Infringements - Pls Read & Review your s
Reply #7 - Aug 8th, 2008, 4:46pm
 
I agree you should be ok by using the style as long as you are not recreating an existing piece of work or same/similar subject matter.
 
A perfect place to put this inspiration is in the Artist's Notes as you suggest.   You should be fine in the keywords as well since the artwork will be inspired by and not a copy or imitation.
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Mindy
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Re: Legal Infringements - Pls Read & Review your s
Reply #8 - Aug 28th, 2008, 10:46am
 
Another good article on this topic discussing Copying another Artist's Work:
http://www.fineartregistry.com/articles/art-legalities/artist-legal-tips.php
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Nicole_133385
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Re: Legal Infringements - Pls Read & Review your s
Reply #9 - Aug 29th, 2008, 2:11am
 
Quote from Delores_132508 on Aug 8th, 2008, 11:34am:
Tami,
I would certainly think that just by copying someone's style and not their actual works of art would not be copyright infringement, but I would like to hear someone else's opinion on this.

 
I don't know, but if I one day get a letter from Ansel Adams' lawyers because I shoot pictures in his style, I'm honored, I guess.
 
Just kidding.
 
I don't know about painting things, but in taking pictures it probably depends on what you are shooting. And even then. Shooting a still Life that looks like one somebody else has already posted, doesn't mean I got the idea from there or that person got it from me.....
 
In Germany they are trying to push through a law that puts a copyright on public artwork, like fountains and such. After that I wouldn't be able to sell a picture of those objects no more.
 
Insanity starts to rue the world.
 
Sorry for rambling  lips sealed
 
 Cool
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Norval_132688
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Re: Legal Infringements - Pls Read & Review your s
Reply #10 - Aug 29th, 2008, 9:20am
 
Question for you photographers, [ I have never done this, but am tempted,], Is it a copyright infringement to use a photo ,or composite of photographs as the basis for a painting if certain expressions or compostion is still evident but the painting as a whole has no resembence to the original photo?  Mindy maybe you can find an article addressing this problem.
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Gina_133039
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Re: Legal Infringements - Pls Read & Review your s
Reply #11 - Aug 29th, 2008, 12:50pm
 
Smiley  Hi Norval.. hope you're well today...  People I know have wanted to make paintings from my photographs, but other than that, the issue had never come up... so I looked it up and this is what I found.  Hope it's helpful.
 
http://painting.about.com/cs/artistscopyright/f/copyrightfaq5.htm
 
gina
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Norval_132688
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Re: Legal Infringements - Pls Read & Review your s
Reply #12 - Aug 29th, 2008, 1:05pm
 
Thank You Gina,  'really answers the question, but brings up another.  On the web and in e-mails there are so many photos without any copright information, how can one tell?  Is it better to never use anything on the web as reference?  Norval
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Pattiann_132699
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Re: Legal Infringements - Pls Read & Review your s
Reply #13 - Aug 29th, 2008, 8:35pm
 
Norval, that question is answered in the material Gina provided:
"The absence of a copyright notice on a photo doesn’t mean copyright doesn't apply." It's in the last paragraph.
 
Quote from Norval_132688 on Aug 29th, 2008, 1:05pm:
Thank You Gina,  'really answers the question, but brings up another.  On the web and in e-mails there are so many photos without any copright information, how can one tell?  Is it better to never use anything on the web as reference?  Norval

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Joe_132521
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Re: Legal Infringements - Pls Read & Review your s
Reply #14 - Aug 30th, 2008, 8:19am
 
There is no "bright line" test on copying from another artist's work (photograph or painting).  Best guide is to ask youself if the adverage person looking at the two works would say that one was taken from the other.  The original artist has the right to make derivate works.  What constutes a tranformative work needs to be decided on a case by case bases.   See http://en.wikipedia.org/wiki/Rogers_v._Koons
http://www.law.com/jsp/article.jsp?id=1162215323449
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