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Public Domain TOU Accuracy (Read 9256 times)
Debbie_134129
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Public Domain TOU Accuracy
Jul 6th, 2015, 11:03pm
 
I am interested in a painting that is from 1877.  In doing some research I am coming up with conflicting tou's.  Without having to read an entire encyclopedia, is there a direct route to get an accurate answer as to whether this art may be used commercially?  
 
 There seems to be this particular piece of art in a museum in the UK.  I read online that US copyright laws can differ from that of foreign countries.  It seems in the UK commercial use of this art is not allowed because the art is in one of their museums.   I read that in the US this art is PD and can be used commercially.  I have seen the artwork on other sites for commercial and non commercial use.  
 
 Because GCU sells cards outside the US, would this mean that this art could not be used here even if the US allowed use of the art?
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Doreen_137017
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Re: Public Domain TOU Accuracy
Reply #1 - Jul 7th, 2015, 7:30am
 
Because I don't have total and complete control of where my work is sold, I personally do not ever use vintage art which still has copyright existing in other countries. So, if I were in your shoes, I probably would choose another.
 
Museums claim copyright quite often, but no there is not fail safe place to go for the 'bottom line' without spending hours, even days doing research, even then you may not get a firm answer.
 
Not all work that is pre-1900's is in public domain. Families, galleries, etc. have and do file for copyright to publish the work.
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Debbie_134129
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Re: Public Domain TOU Accuracy
Reply #2 - Jul 7th, 2015, 4:50pm
 
Thank you.  I have been pondering this for a while just thought I'd double check.  I'm aware of art being copyrighted by families and such.  Just really fell in love with this piece and was hopeful but that's OK I kinda figured the odds were against it.  
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Debbie_134129
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Re: Public Domain TOU Accuracy
Reply #3 - Jul 9th, 2015, 11:32am
 
Related to my questions, I was pleasantly surprised by an email today  offering a resource that explains information on UK and US copyright law and more.     "Law For Artists", a book by Blu Tirohl  
 
http://www.routledge.com/books/details/9780415702546/?utm_source=adestra&utm _medium=email&utm_campaign=sbu4_scsf_2pr_1em_1pho_blp15_x_75871_backlista    
 
 
Just thought I'd share.
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Re: Public Domain TOU Accuracy
Reply #4 - May 11th, 2016, 5:24pm
 
Go to archive.org. search under art. I believe you must alter it by 20%
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Zipporah_354480
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Re: Public Domain TOU Accuracy
Reply #5 - May 25th, 2016, 10:56am
 
I haven't been on GCU in years, of course their submission process is strict GCU knows better than anyone where their market is, can anyone explain to me the definition of free cultural works? and legal restriction on peoples freedom to use the content and benefit from using it.  If I hand draw a tulip and color the tulip with magic marker why would I be accused of using clip art or copying others artists artwork?  When you ask a person would you like to be a card designer choose one of our stock pictures and add a verse to the card than put your name on the back of the card and say I design the card when the stock picture is not that persons own original design? But I have submitted tulips that I drew with my own two hands, I do not know there was restrictions in drawing tulips, I have submitted 26 hand drawn pictures for blank card collections and only one was approved, you can decline for many reasons the picture is not marketable, and so on so forth but all my artwork is hand drawn and not copied there are only so many ways to draw tulips do I ask the tulip for a permission(smile)I dont copy clip art I'm sself taught artist and took drawing I II and design .Thanks team
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Zipporah_354480
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Re: Public Domain TOU Accuracy
Reply #6 - May 26th, 2016, 6:36am
 
So no one can explain this,I received a personal email from Mindy Rosso stating that my work is not for ggreeting card universe and she is giving me 30 days to familiarize myself with the submission guidelines Mindy why didnt you post that on the forum.  Well thank you for the opportunity to try, by the way what does pending held mean? This a great website and wish everyone successful luck in their future endeavors.
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Mindy
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Re: Public Domain TOU Accuracy
Reply #7 - May 26th, 2016, 2:53pm
 
Quote from Zipporah_354480 on May 26th, 2016, 6:36am:
So no one can explain this,I received a personal email from Mindy Rosso stating that my work is not for ggreeting card universe and she is giving me 30 days to familiarize myself with the submission guidelines Mindy why didnt you post that on the forum.  Well thank you for the opportunity to try, by the way what does pending held mean? This a great website and wish everyone successful luck in their future endeavors.

 
Hi,
The explanation that you seek is that you misread the general statement in all review emails to apply to your card.  As I shared in the other forum thread:
http://www.greetingcarduniverse.com/forum/yabb2/YaBB.pl?num=1458696847/14#14
 
As you joined on April 1, you have been under the evaluation period for 55 days.  Based on your submissions to date your work is not a good fit for GCU.  Per the email, your storefront has been closed effective today.   We wish you the best of success in your other endeavors.
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