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Copyright of Your Clip Art (Read 5013 times)
Cinda_136944
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Copyright of Your Clip Art
Apr 22nd, 2009, 8:21am
 
I notice other people on the forum have cards with their own created clip art and wondering how you handle embedding logos or do you go to the trouble?  Our trademark attorney said once your art work is printed, it is copyrighted but in order to press the issue if someone tries to use it, it must be added to our book.  The book I created has the ability to add pages one at a time.
 
I also keep a copy of all layers in two safe places but since this is the first time I have started setting up to sell cards, I thought others may have some really good advice here.
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Tanya_135475
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Re: Copyright of Your Clip Art
Reply #1 - Apr 22nd, 2009, 8:34am
 
Hi Cinda Smiley
 
The cards here are pretty good they have water marks nicely in the middle not hidden so difficult for anyone to really steal it as such, but as for the rest, I just keep all my originals, and all my layers, they are dated etc so you know, everything I do is doubled and placed on disk... my photographs though I give meh do what you want with them Smiley I am not really bothered with photos and if someone can make a nicer card with the same pic then I don't really mind, probably be sulky if they sold 100's haha.
 
My stuff is just under the creative common licence thing, seems fine for deviantart etc and everything is watermarked.
 
Not sure if that was a help really Wink I guess if someone borrowed my whole card and called it their own, then i'd probably jump up and down on their faces and rant a bit and get it taken off a site *shows her sweet angelic side*  Grin
 
((Hugs)) -Moonie-
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Jeff_135713
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Re: Copyright of Your Clip Art
Reply #2 - Apr 22nd, 2009, 9:18am
 
You go Tanya, I can't wait to see that, and here I thought you were all sweetness and light.  Smiley
 
 
-Whisper-
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« Last Edit: Apr 22nd, 2009, 12:19pm by Jeff_135713 »  
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Cinda_136944
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Re: Copyright of Your Clip Art
Reply #3 - Apr 22nd, 2009, 11:18am
 
I am like you in that the clip art is saved in pieces and layers to prove I did them.  The bouquet have embedded trademarks before they ever went into the books.
 
Anyway, thank you and wish you all great sells.
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Jan_(Gracey)_135660
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Re: Copyright of Your Clip Art
Reply #4 - Apr 22nd, 2009, 4:49pm
 
Your question sort of lacks an intent...if you just need to keep a record for your own purposes "your book" would be fine.
 
Your lawyer should have indicated that you if you need to take anyone to court because they have infringed on your copyright the courts will require you to have registered the design in the copyright office (if you are in the US). (I should qualify that by saying I haven't checked the regulations in the last year, so you might want to do that).
 
You used to be able to register an entire disc of digital images for about $45 in the US copyright office.  It's not necessary because work is copyright on it's creation (not on it's printing), but probably worth it if you think you have designs that someone might "take" for their own use.
 
From the US Copyright office website:
 
Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

 
http://www.copyright.gov/help/faq/faq-general.html#automatic
 
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Cinda_136944
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Re: Copyright of Your Clip Art
Reply #5 - Apr 22nd, 2009, 7:43pm
 
Jan, today, when I noticed the change in the site and was not approved on one of the cards - I was sent an email about copyright of clip art and thought I might have to send proof into the company.  After calling the office, I found out that there were changes made in the way cards were uploaded and also the email was just one that is sent each time there are changes.
 
For this reason, I started trying to find out more about the clip art I created.  
 
Also, my Trademark - Copyright attorney is out of Tulsa and did require copies of the book and yes as pages are added, as far as I understand, they have to be sent as well.  The cost was a great deal more than $45 but probably because I used an attorney who only specializes in that process.
 
Thanks for your response.
 
Cinda
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Ernestine_131365
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Re: Copyright of Your Clip Art
Reply #6 - Apr 22nd, 2009, 9:09pm
 
Quote from Cinda_136944 on Apr 22nd, 2009, 8:21am:
I notice other people on the forum have cards with their own created clip art
 What do you mean by "own created CLIP ART?" Original art in a design or something else?  
Quote:
and wondering how you handle embedding logos or do you go to the trouble?
Do you mean embedding into the original jpg?  Just a little confused by the post.
Quote:
Our trademark attorney said once your art work is printed, it is copyrighted but in order to press the issue if someone tries to use it, it must be added to our book.
Jan is correct, that it is copyrighted as soon as created, not printed.  Sounds like you lawyer's interests are being protected. Huh  Wink
 
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Cinda_136944
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Re: Copyright of Your Clip Art
Reply #7 - Apr 22nd, 2009, 9:20pm
 
This attorney started with the Trademark seach in order to use the trademark on the items created.  I did set down with her and she explained the difference between going to the trouble - also some other items which I could not repeat but when I came to this site, I noticed the importance of clip art.  By the way, clip art to me is what I put together - sometimes using Photoshop items to build.  I believe I am understanding more as I go.
 
One more question, since there are Senior Members here.  All of my training has been online since I live in a remote area.  The programs are great but is there a place one could learn about placing of items on documents - the rules so to speak.  I tend to want to cover the card with stuff but notice it may look better with certain amount of blank space.
 
Anyway, I have learned from Photoshopusers.com and Lyndia.com but wondered if there was another place to learn more about placement, etc that you enjoy?
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Cinda_136944
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Re: Copyright of Your Clip Art
Reply #8 - Apr 22nd, 2009, 9:22pm
 
Oh by the way the attorney is Molly McKay and here is her web site.  She came highly recommended.
 
http://www.mckaypatents.com/
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Patricia_132015
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Re: Copyright of Your Clip Art
Reply #9 - Apr 22nd, 2009, 9:23pm
 
Hmmmm. I never use anyone else's stuff. If we as artist are asked to make a card, we do it in our own style of drawing and or with pictures we take. Get your name and date of your cards as proof that you made them. We shouldn't have to send in tons of paintings, drawings, photos to the the copy right office one at a time or in piles with a fee Angry! Sorry for the anger there. I do draw a lot of stuff from time to time and I do date them and sign them.  Though there are some that I have not done so as I have computer colorized a few of my own drawings and started to date and add my name to them as of late. I can't show what I've done this past week as the drawings are adult comic style and I'd never let anyone but my spouse and I look at those Wink. There are times I have a run on every cute stuff and I still don't share those with anyone either Cheesy. I'm getting older every day and I don't have much time to give to all the different rated stuff I draw my full attention to. I'll have works half done most of the time as I get bored to easy. I'm just waiting til most of the up grades from GCU have been hammered out before I upload anything else Cool Wink Smiley Cheesy Grin.
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Jan_(Gracey)_135660
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Re: Copyright of Your Clip Art
Reply #10 - Apr 23rd, 2009, 12:36am
 
Quote from Cinda_136944 on Apr 22nd, 2009, 9:20pm:
This attorney started with the Trademark seach in order to use the trademark on the items created.  I did set down with her and she explained the difference between going to the trouble - also some other items which I could not repeat but when I came to this site, I noticed the importance of clip art.  By the way, clip art to me is what I put together - sometimes using Photoshop items to build.  I believe I am understanding more as I go.

One more question, since there are Senior Members here.  All of my training has been online since I live in a remote area.  The programs are great but is there a place one could learn about placing of items on documents - the rules so to speak.  I tend to want to cover the card with stuff but notice it may look better with certain amount of blank space.

Anyway, I have learned from Photoshopusers.com and Lyndia.com but wondered if there was another place to learn more about placement, etc that you enjoy?

 
 
Ahhhh, but you are talking about "trademark" which is a different kettle of fish from copyright. I'm sorry, the post title says "copyright of your clip art" so I assumed (wrongly) you meant copyright. I'm afraid my information is based on the Copyright laws of the US, not trademark so your lawyer could be right in that.
 
The other question you ask - isn't so much about learning programs and how to use them (which is more what photoshop users and lynda.com is about), it's more about graphic design. You could look for somewhere that teaches that if you wanted, but it's a matter of learning balance and composition when putting designs together on a card. Looking at the cards you have up...I don't think you need a course  Smiley
 
Senior members on the forums are just members who have been here a while and have lots of posts, I think.
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Ernestine_131365
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Re: Copyright of Your Clip Art
Reply #11 - Apr 23rd, 2009, 2:17pm
 
When you create an image in photoshop, you can attribute to it certain attributes like who created it, the date, tags, etc.  But once it is uploaded to a site (like GCU) those tags and info are lost.  If you have saved that doc on your hard drive with the info and that is the doc that you send to the copyright office (if you decide to do so) all is cool, the doc info should remain intact.  Meaning you are registering the image YOU have created.  But realize that an image uploaded to an online site does NOT retain the embedded photo shop permissions.  But. . . . they (ie GCU can put their embedded copyright on it)  giving you SOME (a little) protection. . . even if you have NOT registered it).
 If you are really concerned about all this, register all your works, or "book" of works as
Cinda suggested. . . if you can afford it..
'e'
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Norma_133903
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Re: Copyright of Your Clip Art
Reply #12 - Apr 24th, 2009, 10:55pm
 
If your art is so precious to you that you need go to a lot of expense to protect it, then don't upload it! This is the internet, and art will get stolen no matter what you do. Are you going to go to court if you find someone using one of your pictures? You will not make much profit unless you are as big as Hallmark. All your profit will go to lawyers (and much more money beside).
The best advice I was given, was do not upload precious pictures. Simple as that.
The pictures on this website are too small for any real use such as printing cards. The size that can be stolen would only be useful for putting on a website.
Anyway, it is not a great harm to you if a blogger uses one of your illustrations, or a silly web owner puts one of your pictures on their site.
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Jan_(Gracey)_135660
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Re: Copyright of Your Clip Art
Reply #13 - Apr 25th, 2009, 6:16am
 
Quote:
Are you going to go to court if you find someone using one of your pictures? You will not make much profit unless you are as big as Hallmark. All your profit will go to lawyers (and much more money beside).

 
This isn't necessarily true. Individuals and smaller businesses can be awarded sums that are worth going to court for. Larger sums generally require that your work had been registered in the copyright office prior to the infringement, and registered trademarks are also worth fighting for. In the case of a win the courts may also award your costs. I know a couple of individuals, a photographer and the other a digital artist, who were awarded portions of what the infringer "earned" by using the stolen image.
 
In some cases, it isn't about the money, it's about the rights.
 
Quote:
The best advice I was given, was do not upload precious pictures. Simple as that.

 
For the most part, this is my feeling too, and generally how I deal with images.  
 
I don't usually have an issue with bloggers making use of an image, so long as they give me credit. I do, however, take action if I find an image being used inappropriately. Reports to most webhosts in these cases generally result in the image being removed as long as you can prove you are the copyright holder.
 
Allowing people to "grab" images willy nilly is not going to educate those who don't know any better, and education is a much better way to deal with infringements. If you just allow people to use your work wherever they like without at least contacting them, then they will likely not have any problem doing it again...and again, and again.  
 
There will always be those who steal images because they can - there's no real protection against them, except to not display them on the web.
 
Quote:
Anyway, it is not a great harm to you if a blogger uses one of your illustrations, or a silly web owner puts one of your pictures on their site.

 
In most cases, probably not. But that's really a personal choice - some people would be extremely upset by that.
 
In some cases, there will be a problem. Especially if it's a rights-managed image. If it's available all over the web because somebody nicked it and stuck it in their blog you would have a difficult time licensing it after that.
 
As to the work on GCU being too small for anything - that's pretty much true.  
 
The display images really are low-res and small, but, to someone whose can use illustrator or any other similar program, size is not a deterrent. Graphic images can easily be retraced as vectors and voila, you have a copy of the image that will print at any size.
 
There are lots of pitfalls when you display or sell imaging online and you can drive yourself nuts over it, or educate yourself and others to try and minimize the problems a little.
 
If you don't care about your work, one would wonder why you'd bother to sell it all...why not just give it away? There has to be a happy medium I think.
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Kathy_131728
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Re: Copyright of Your Clip Art
Reply #14 - Apr 25th, 2009, 7:06am
 
I have been watching this thread with great interest.  This is stretching the topic a little (I hope the original poster does not mind the slight switch of topic), but I was wondering how ya'll feel about watermarking the art here?  I have been looking around, and it seems like there are lots of different opinions about it--some watermark all, some watermark none, and some it seems do half and half.  I would like to educate myself more on this subject, as the new watermark is going to be applied soon and would like to make educated decisions about it.  I have already decided to not put a watermark on the medium image, but it is the large image I am debating in my mind.  I would just watermark the large image, but I really don't like the way the watermark looks so that is why I would like to hear other opinions on whether they think it is good to watermark or not (specifically on GCU)?  Thanks.
Kathy    
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