A fine art
stenciling method in which the image is transferred to the paper by forcing ink
through a fine mesh in which the background has been blocked. Each image is
produced by hand and the process must be repeated for each color used in the
image.
Frequently Asked Questions
If it does
not have a copyright notice, it is ok to use.
USUALLY
NOT.
Almost all works are protected by copyright, even if they do not have a
copyright notice. Therefore, you should assume that you need to obtain
permission to use any material that you did not create.
It's on
the internet, so it is ok to use it.
FALSE.
Simply because an image is found on the internet does not mean that it is in the
public domain. Unless the author of the work has explicitly stated that his work
is "public domain" or that the copyright has expired because the work is very
old, then you must assume it is not. Further, a person who posts an image on the
internet and claims that you are free to use it may not have had the right to
post the image in the first place. Thus, your use of the image may violate the
rights of the actual copyright owner.
It is Fair
Use.
USUALLY
NOT.
Fair use of a work for the purposes of merchandise sale is treated very
differently than for informative purposes or for commentary. In general, a claim
of fair use of a work when it is used on merchandise may not hold up in court,
especially if the merchandise is sold for profit.
I took the
photo, so I can use it however I want.
FALSE.
Simply taking a photo of a person, company, brand, logo or the like does not
afford you the right to sell merchandise featuring that photograph. There are
two distinct intellectual property rights in a photograph: (1) the rights in the
photograph itself and (2) the rights in the subject of the picture, such as the
product or person shown in it. For example, if you take a photo of a celebrity,
you only own the rights to the photo, but not the right to use the photo of a
celebrity for merchandise sale. In order to sell merchandise with the image, you
will need to obtain explicit permission from the celebrity.
I based my
artwork on the artwork of a third party, so that is ok.
FALSE.
Works that are derived from a previous work of another violate the rights of the
owner of the previous work. Therefore, if you are creating an image that is
based on the work of someone else, you need to obtain permission from the
original creator prior to your use of your work. For example, Weird Al obtains
permission from Michael Jackson prior to recording a song based on one of
Michael Jackson's songs.
I am using
Clip Art, so it is ok.
USUALLY
NOT.
Most clip art, photo collections, or graphic programs contain a license
agreement. The license agreement sets forth the specific uses for the clip art.
In most instances the license does not grant you the right to use the clip art
for the sale of merchandise. You should consult the license agreement and your
attorney to determine whether you can use the clip art images.
The First
Amendment protects my freedom of speech, so I can use whatever images I want.
FALSE.
Freedom of speech is a constitutional protection that guarantees that the
government will not oppress your right to self-expression. It does not give you
the right to use intellectual property of another to sell or distribute
merchandise.
Can I use
images of a celebrity ?
NO.
There is an exception to the Right of Publicity for political figures, which
does not extend to celebrities.
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