A copyright question

I think this has been brought up before in other threads, but for the life of me I can't think of the term to search under, because I think there is a specific term.

On to the question:

Regarding collage: If I were to use an actual card and place it in the center of an image, draw/paint/add further collage/use whatever media around it, and then resell the art object, this would be legal, correct?

As I recall, because you are using the actual image and not a copy of the image, it falls within legal limits for use of that object.

But I want to make sure I am correct.

What I have in mind is to do an intense deck study of one of my decks that I have more than one copy of, part of which will involve making collage or art in general around each card.

If, after the study is done, there's anything in there that seems to move beyond basic deck study into anything with artistic merit, I was contemplating submitting it for trade in the trading forum, perhaps as something for others to meditate on or just simply as decoration (that's assuming that I could part with it if I like it enough to think it might be worth something).

So, just wondering what the legality of that was, and double-checking that I understood correctly from previous threads.

Thanks,

CCL

By "copy of an image" they don't mean a new rendition of it. They mean reprinting it without permission.

SphinYote, have you tried a Google search for "collage and copyright" yet? I just did and came up with a few sites that seem very informative. Wish I could help more. This is something that interests me, but I'm not a professional artist, so I know little about the copyright issues involved. Good luck!

Some links to get you started:

http://www.funnystrange.com/copyright/
http://www.collagecollege.com/copyright.html
http://www.wm-arts.com/Information1/Collage, Copyright, and Infringement.htm

The term you wanted might be "derivative work":
http://en.wikipedia.org/wiki/Collage#Legal_issues

I think where you get in trouble is that each card is a complete composition. If you were to take a single element from a card and use that in your collage, that is fair use. To take the entire card and just surround it with other clip art does not make that your original art. You could trade it with someone, but not sell it. At least you shouldn't sell it or make copies of the composition.

.traveller. said:

I think where you get in trouble is that each card is a complete composition. If you were to take a single element from a card and use that in your collage, that is fair use.

Click to expand...

Not necessarily. All aspects of an original artwork are part of it. You can often get away with using an unrecognizable portion of an artwork, but anything that is recognizable could be covered by the copyright.

Most of these mention copying something as against using it in its original form as you purchased it. However........

This DOES mention using stuff in its original form and suggests that the key thing is if you want to make money from the results :

http://www.creativity-portal.com/howto/artscrafts/features/2004/magazine.collage.html

I don't know where trading something would fit.

It might be best to just ask the people?

Thank you all for answers. No, I wouldn't be copying the card in any way, just pasting the actual card on a sheet playing with adding related imagery or drawing on symbols. I wouldn't be making any copies of the compositions, just possibly trading off the original...if I could even part with it in the end...like I say, if it's good enough to think it might go in trade or sale, I probably wouldn't want[\i] to part with it, but wanted to know what my options were.

So I will be doing some reading, and thank you all for what look to be interesting links. If later on I follow through with this project I will probably revisit this thread and probably at least write the publisher first to double-check, but I wanted to get an idea now.

CCL

Copyright is meant to protect someone's right to make money from their original creations. A trade is problematic only if it is public and considered to harm the rights of the copyright holder.

It doesn't sound like your situation is one of these. Although be aware that the IRS considers that trades for work should be reported for their equivalent value in cash.

An example of a copyright ruling was when teachers would make up photocopied anthologies of excerpts from published works so that their students (sometimes in a single class) could read a variety of perspectives on a topic. Usually there was no charge involved or only the cost of photocopying. It was ruled that this was an infringement of copyright and that they would need permission for each sustantive excerpt.

However an individual can make photocopies of a book for research purposes, and a limited amount of text can be quoted in a review or scholarly work.

I don't think you should worry in your situation, but it is worthwhile becoming familiar with copyright law.

I'm not sure what it means to use the card itself - for instance I've seen boxes made with cards collaged onto them and Venetian masks sometimes have actual tarot cards incorporated in their design (I bought a couple of these in Venice).