Bit Confused

[liland]

Hey there

Very new to papercrafts, but am enjoying experimenting with cards and whatnot.

Anyway, with regards to rubber stamps, hand-drawing and copyright. When you stamp an image, and you go over it with a black pen, does this make it hand-drawn? I would have assumed it is still stamped, and cannot be marketed as hand-drawn?
Also, when you take a copyrighted image (such as one used on a rubber stamp), and alter it very slightly (such as removing one line), that's copyright infringement, isnt it? You cant state that it's your own original artwork can you?

And one more thing - the stamped images of expensive stamps (Penny Black) on ebay that you can buy, is that legal? Not sure I'm well off enough at the moment to buy all the PB stamps I like!

I've been reading a lot of blogs lately, and checking out other craft sites, and am a bit confused about the whole thing!

[Tip Top]

Basically you cannot change or alter the image in any way unless you are colouring it, so yes, you would be in breach of copyright and cannot pass it off as your own.

With regards to the stamped images on ebay - probably illegal but I've bought some this way and it furthers my stash without spending a fortune, so know what you mean! If it was wrong I think ebay would have taken them off....

Hope this helps a little!

[Christa]

Hi there

I'll try to answer your questions in order

When you stamp an image, and you go over it with a black pen, does this make it hand-drawn?

No. It is a stamped image (and if stamped correctly/successfully there should be no need to go over it with a liner - if images are incomplete try cleaning the stamp first and then reusing. If the images are too pale try a different ink or check the amount of ink on the stamp. You need to re-ink each time you stamp)

I would have assumed it is still stamped, and cannot be marketed as hand-drawn?

You are correct - it is still a stamped image not handdrawn.Stamped images should not be resold therefore should not be marketed at all.

Also, when you take a copyrighted image (such as one used on a rubber stamp), and alter it very slightly (such as removing one line), that's copyright infringement, isnt it? You cant state that it's your own original artwork can you?

This is abslutely wrong on every level and it can never be right to claim someone else's work as your own.

There is a huge increase in digi stamps and they are spinging up everywhere...the quality varies considerably and it sems that anyone with a pen , paper and a pc seems to think they can call themselves a digi designer... some of these digis are direct and blatant copies of existing images whilst others are original drawings on a popular theme.

If money is tight and you have access to a printer and ink you may consider checking out some of the better digi designers...many of whom give freebies to try before you buy...but angel policies still apply to digis too.

And one more thing - the stamped images of expensive stamps (Penny Black) on ebay that you can buy, is that legal? Not sure I'm well off enough at the moment to buy all the PB stamps I like!

Nope its not legal....although as you will see it is rife on ebay. Angel policies exist which allow you to use the stamped images to make something else but they forbid the selling or swapping of stamped images (blank or coloured) or the reproduction of images by electronic or other means. Some (usually big trademark names like Disney etc) do not allow the stamped images to be used for projects that are to be sold on. It is vital to check the angel policies before you invest your hard earned cash.

Hope this helps.

[liland]

Wow that's great thanks
My current (small at the moment) stash of rubber stamps all have angel policies, I shall have to check on Penny Black before buying any of their stamps.
I've never been sure about digi stamps, with the quality once printed. It's the same with all these patterned papers that you can print, I dont see how my printer would produce quality patterned paper!

Thanks for the legal info - I would hate to be doing all my tax returns and everything right (just done this year's), and then get pulled up on illegal images! I'll be sure to steer clear of the stamped images for sale, and just save up for my stamps

[liland]

Sorry, do you know about See D's stamps angel policy? I cant even find their website!

[Christa]

I work with some digi stamps and the quality is excellent...but these are designers who know what they are doing and have the skills and technical ability - many also produce clear polymer stamps too.

There are a lot of amateurs out there who have yet to develop the necessary skills and are simply having fun. There's nothing wrong in that but the quality in the drawings and the printed images is generally not as high.

Some of the big name stamp designers are realising the digi market potential and releasing some of their more popular stamps in digi format. There are lots of advantages to digi's too...storage - keep them on the pc and you can adapt them easily eg resize and add special effects to digis.


As versatile as they might be, its still not the same as stamping with inky fingers

Black and white outline digis are simple to print with any printer...As for printing backing papers...a lot depends on your printer and the quality of the paper/card used. I'm not so keen but then I'm a paper junkie and I like to be able to see and feel the paper and I like textured papers...printed are of course flat designs. Printed backing papers are good if you only want a small piece for one project.

CD crafters (those who create projects using a software package with images and papers) seem to have no problems...afraid I dislike CD crafting myself so can't help with details on quality, but maybe someone else can. Thousands of people use them so they can;t be that bad...can they?

[debbi taylor]

Found this on Penny Black for you - if you are stamping the images for a project this is fine - anything for commercial use isn't and should be submitted


Terms and Conditions for Limited Commercial Use of Penny Black Stamps and Other Products.

1. Penny Black stamps and images are original artwork created by or for Penny Black, Inc. and subject to full copyright protection.

2. As such, its stamps and images are sold for the personal use of the consumer, without right to reproduce the copyrighted images for commercial purposes.

3. Any hand stamped project, for commercial use, must be submitted to [email protected] for written authorization. No hand stamped cards can be sold online. No online reproduction of our images will be permitted.

4. Commercial use that violates or exceeds the above restrictions is prohibited and shall be considered a breach of the copyrights of Penny Black, Inc.

HTH x

[liland]

Yes, already found that thanks, and emailed them! So from what that says, it's reasonable to assume that every single card I make with any of their stamps, I would have to email them a photo to see if they allow me to sell it? Seems like they would waste a lot of time going through all that!

[Christa]

See d's have always been fine to use on finished projects without restriction. The seedstamps.com website appears to no longer be in use and there is no listing for Sugarloaf Products either. I think see d's were discontinued - the entire range started appearing in online discount sections at a pound a set a couple of years ago so who knows what happened to them.

[liland]

That explains it, thanks I love my whimsey alphabet set!
Any idea why Penny Black have such requirements? Do they not want people using their images in poor qulaity cards, "cheapening" the Penny Black image? It's the only thing I can think of!

[Christa]

Any idea why Penny Black have such requirements?

There are a range of mass produced cards using PB images...I'm guessing these are probably on licence (with cost implications) and therefore they have to limit the number... and quality is also an issue for them.

They are not alone in this and crafters were up in arms having bought products, including CD software and card making kits only to find they were heavily restricted. It seems crazy that you can buy these products to use on your projects but the heavy restrictions on use make me wonder why anyone would bother...

Disney are really strict and prosecute every case they become aware of no matter how small. I wouldn't touch their images or crafting products with a ten foot barge pole

[liland]

I lurk around enough to have heard about the Disney issues, but thanks for the warning
It does seem off to sell items for card making and restrict them, being as if people are buying to make and sell, they'd be buying more and more lol.

[Christa]

I lurk around enough to have heard about the Disney issues, but thanks for the warning
It does seem off to sell items for card making and restrict them, being as if people are buying to make and sell, they'd be buying more and more lol.

Its not just Disney...I went on a materials buying spree in the USA (so much cheaper, huge selection ...better selection of just about everything... and the exchange rate helps too) but was horrified at the small print on the back of packaging forbidding the use of the contents on anything that would later be sold...even for charity. Needless to say I double checked everything and all the restricted stuff stayed on the shelves.

Restricting the use of things intended for the making of craft projects seems daft to me...a bit like a supermarket selling me flour, sugar, butter , eggs and milk but forbidding me to use them to make a cake....Grrr!