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Creative Works Misuse Policy (Read 15455 times)
Mindy
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Re: Creative Works Misuse Policy
Reply #15 - Apr 17th, 2009, 1:02pm
 
Quote from Norval_132688 on Apr 16th, 2009, 5:09pm:
Specific Question Mindy, does this policy rule out all vintage images, because they definitely are another artist work from the past, even if repainted and re-composed, even if source is given.  If so I will get mine off imediately.   Thank You Norval

 
In general for vintage works please see here:
http://www.greetingcarduniverse.com/forum/yabb2/YaBB.pl?num=1222207513/0#0
 
If you have the rights to use a vintage image w/o being held up to our scrutiny of a "reworked" creation then let us know that when you submit the card, perhaps in the Artists Notes as to your source.
 
You will need to decide or research rights for your existing cards.  If you'd like us to take a look and advise you please send a note to cardreview@greetingcarduniverse.com with the pid #'s.
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Mindy
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Re: Creative Works Misuse Policy
Reply #16 - Apr 17th, 2009, 1:32pm
 
We just closed an artist's storefront due to repeated misuse of 3rd party images (not the first store we've had to close).
 
To be clear, in order to use 3rd party images you MUST get the proper permissions.  This means specifically:
COMMERCIAL USE FOR THE PURPOSE OF POD RESALE ON PAPER GREETING CARDS.  
 
Just because an image...
 
does not have a copyright symbol, watermark or artist's signature  
is on a Royalty Free website
came with your clip art software you purchased
 
...does NOT mean you can use the image for use on POD products like Greeting Cards for resale.  
 
You must check and double check your sources and confirm what the site/artist/license/terms allow.  If you are unsure contact the site or the artist directly.  Simply asking "can I use your image?" is not specific enough.
 
Please report any image misuse to GCU immediately at: reportabuse@greetingcarduniverse.com
 
Thank you!  Smiley
 
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Norval_132688
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Re: Creative Works Misuse Policy
Reply #17 - Apr 17th, 2009, 1:35pm
 
Thanks Mindy, I had read that, thats what had me so confused when I reread the post from February last year when I pulled up yeasterdays post, the two are very contradictory?
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Norval_132688
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Re: Creative Works Misuse Policy
Reply #18 - Apr 17th, 2009, 1:39pm
 
I just read the last paragraph, I made sure they were copyright free before I even thought of usng the images.  Thanks anyway    Norval
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Penny_134243
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Re: Creative Works Misuse Policy
Reply #19 - Jul 22nd, 2009, 2:05pm
 
Greetings!
 
Has anyone sent an email to the 'report abuse' address?  About how long did it take to get an response back?  Or did you get a response back?  Was your issue resolved?
 
Thanks!
 
Penny Smiley
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Norma_133974
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Re: Creative Works Misuse Policy
Reply #20 - Sep 17th, 2009, 3:40pm
 
Thanks Mindy for bring this up I too wondered about quotes, after reading through this I got my answer.. Grin Grin
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Mindy
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Re: Creative Works Misuse Policy
Reply #21 - Nov 9th, 2010, 11:10am
 
Here is some good insight re: subjects that are off limits, believe it or not.  
 
See here:
http://www.bigstockphoto.com/blog/theupload/2010/05/stock-photo-trademark-violat ions/
 
We have already uncovered many of these on GCU as images are submitted and have add to our Wiki "tabu" list. It is good to realize that just because you purchased a product (ie: stuffed animal) or something is in the public (ie: building) that it is ok to sell the image on products.  
 
See the growing list on our wiki:
http://wiki.greetingcarduniverse.com/index.php/Tips_and_Tricks#Tabu_Information
 
The big differences here is SELL.  EX: You can take pictures of the Space Needle all day long for your own use but you cannot sell products featuring it.
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Sue_132963
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Re: Creative Works Misuse Policy
Reply #22 - Nov 9th, 2010, 2:42pm
 
Mindy,
You just jogged my memory.   Cheesy
A while back I had a card rejected because I used a phrase from an old popular song, "You are the wind beneath my wings."  I changed the wording, but requested that the reviewer pass a message on to you (GCU) for me.  I never heard back from GCU and would like to bring it up again.  
During that time period, I had several cards rejected because of something (songs) similar.  
While I am not a lawyer and cannot be considered in any way a legal authority... I did graduate college as a Music Major.  We were taught in composition classes that the title and/or short phrases in songs could NOT be copyrighted.  That is why you find so many songs with the same names as other/older songs.  Those phrases that we use commonly, like "You are the wind beneath my wings," are called 'Hooks.'   They are used in songs because the folks will recognize them and remember the song that way.  We are not stealing the composer's work when we use them; if anything, it's vice-versa.  Now, if we were to use the lyrics in their entirety, or even a major portion of them, that would be stealing something protected by copyright.
Mindy, unless the law has changed in recent years, I think we should be allowed to use things like, "You are the wind beneath my wings," or "What a wonderful world," or "The Autumn leaves drift by my window," etc.
Not trying to nit-pick or stir up a hornet's nest.   Just seems that we (GCU artists) should be afforded the same freedom to use common phrases (hooks) as the songwriters are.   Roll Eyes  Hooks hook the customer and sell products...   Cool
Thanks for listening and considering...
Hugs!
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Donna__140924
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Re: Creative Works Misuse Policy
Reply #23 - Nov 10th, 2010, 6:56am
 
Hi Sue.. I thought that was the case as well, have wanted include some in my card designs as well but had a feeling they would be denied during the approval, so I have not gambled on that as of yet.. (but would like to)
 
on a quick scan on the "net" I found this .. there are a few lines right there on the sample page of the book that states similar to as you have mentioned.. worth taking a peek.  :
 
http://books.google.com/books?id=r8rU60NzsDMC&pg=PA13&lpg=PA13&dq=ar e+hooks+songs+copyright+protected%3F&source=bl&ots=M2bhb0ymPi&sig=d8iwhYzoikPakk4SL7JdejgdM8U&hl=en&ei=VrHaTLS5OYaBlAeswK27CQ&sa=X&oi=book_result&ct=result&resnum=2&ved=0CBcQ6AEwAQ#v=onepage&q=are%20hooks%20songs%20copyright%20protected%3F&f=false
 
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Pamela_135500
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Re: Creative Works Misuse Policy
Reply #24 - Nov 10th, 2010, 7:45am
 
Sue and Tanya,
Your information is very helpful, thanks for sharing.
I would have no idea of music copyright but I am more familiar with the Bigstock info that Mindy posted on copyrighted images.  
 
Which made me realize that this whole copyright issue is a very complicated area. Without a designated copyright 'expert' on board at GCU it might be really difficult to know what is in fact OK to use. I cannot see the reviewers being able to effectively know all the nuances of copyright law and thats quite a responsibility and time consuming for them which seems above and beyond their position.
 
I know we have to check the box 'I submit I have the right to use this image in this manner', I wonder does that completely eliminate any responsibility GCU might bear and does it then solely rest on us if a copyright infringement is found?  Is it just the artist who is responsible or by accepting the image/line is GCU responsible, or is it both? That may explain their hesitancy in many cases.
 
It's good this has come up again to help us think of the consideration we should give to checking off that box on the create a card page and what our responsibilities might be should an infringement occur.  
 
Just my ramblings... Smiley
Pamela
 
 
 
 
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DENISE_132110
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Re: Creative Works Misuse Policy
Reply #25 - Nov 11th, 2010, 8:12am
 
Quote from Pamela_135500 on Nov 10th, 2010, 7:45am:


I know we have to check the box 'I submit I have the right to use this image in this manner', I wonder does that completely eliminate any responsibility GCU might bear and does it then solely rest on us if a copyright infringement is found?  Is it just the artist who is responsible or by accepting the image/line is GCU responsible, or is it both? That may explain their hesitancy in many cases.


Pamela


 
from my experience with the stock site etc, we would be responsible, gcu would not have any part except to ask us to remove them from the site or for them to remove them for us.  and yes i would say that the click box is a sort of disclaimer.
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Pamela_135500
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Re: Creative Works Misuse Policy
Reply #26 - Nov 11th, 2010, 8:19am
 
Thanks Denise for clarifying Smiley
Pamela
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Norma_133974
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Re: Creative Works Misuse Policy
Reply #27 - Dec 11th, 2010, 3:45pm
 
Very nicely said Smiley
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Kathleen_137290
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Re: Creative Works Misuse Policy
Reply #28 - Dec 11th, 2010, 4:53pm
 
Thanks Mindy and all for the excellent information in this thread.  After reading, thought I better revisit the GCU Wiki Tabu section.  Much to my surprise I noticed "double your pleasure, double your fun" on the tabu list.  I used a similar phrase on one card over a year ago. Used double the pleasure! double the fun! on a twin birth announcement.
See here: http://www.greetingcarduniverse.com/shopping/zoom.asp?pid=617996&w=1&ref =details_large_view
 
Is this considered an infringement?  Never even entered my mind at the time.
I guess I better change the wording on the card just to be safe.
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Mary_140624
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Re: Creative Works Misuse Policy
Reply #29 - Feb 18th, 2016, 2:14pm
 
I have been told this card infringed someone's creative copyright, though I took this photo my self, and the wording is original.
 
http://www.zazzle.com.au/happy_birthday_border_terrier_sniffing_around_greeting_ card-137309115159754389
 
I am finding it hard to comprehend. I think the nearest on I have found is  
941262
 
I would be grateful for any input.
Thanks Mary
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