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Dave271069
07-11-2013, 10:55 PM
ok then, with Xmas coming up and all this talk lately about copyright and what is wrong and right about using certain images, Where can us newbies etc get images that are royalty free and wont get us into hot water, for example i was going to make a load of baby grows etc today ready for Xmas but im being put off by what exactly i can and can not use, if i wanted a image of father Christmas, a Xmas tree a elf etc where is some places you old timers would use to get them? we haven't all got designers etc working for us 24/7

just another thread for a discussion!

Dave271069
07-11-2013, 11:02 PM
do people on here use these type of companies? any experience with this one anyone?
https://www.graphicsfactory.com/cgi-bin/art/joinnew.cgi?ID=381405

NikGrey
07-11-2013, 11:35 PM
I think recent posts have made a few think about this.

I don't think anybody has copyright on Santa, or elves - that would be like having a copyright on a specific Colour.. oh, hang on - I think some colours are restricted..

As for you being a 'Newbie' - you surprise me, I thought you were an old hand at this.

Dave271069
07-11-2013, 11:36 PM
ok its late and im replying to myself but hay there we are then!

found this also http://openclipart.org/homepage so i guess ive answered my questions all on my own,, lol

Dave271069
07-11-2013, 11:40 PM
i still think im a newbie as ive been doing this for under 2 years, mainly used templates and a lot of text on t-shirts but starting to think of new ideas but just need the design to go along side of them,

gorgall2
08-11-2013, 12:33 AM
Images of Santa etc would still have a copyright on them. You could draw your own Santa, but not use somebody else's without permission.

daviddeer
08-11-2013, 08:19 AM
You could also try clker (http://www.clker.com/) which will convert large uploads to vector

purpledragon
08-11-2013, 09:12 AM
COPYRIGHT IS A MINEFIELD SIMPLE AS
The easiest way round it is to design your own easier said than done i know .
Theres so much to consider when looking at copyright firstly is the image subject copyright in the case of santa id say certainly not but then you have to consider who owns the image you are about to use. consider this senario I draw a picture of santa you see that picture and think hmm thats nice ill draw a pic of santa and use that .... that as far as im aware is perfectly ok
So ok i draw a picture of santa and you see and copy and paste that image onto your computer and make a tshirt , well you cant do that thats my drawing i own the copyright to that drawing .
its such a grey area its untrue take koolart for example these are caricatures drawn by their own artists now they have John deere tractors in their collection the owner of koolart will insist you can legally use this i would suggest that thats true to a point. In my opinion you can legally use a caricature of a john deere tractor as long as you just call it a tractor the second you advertise it as a john deere tractor in theory you are in breach of copyright.
Celebraties are another grey area apparantly you can quite happily take a photo of justin beiber and then use this on a mug i would think you can not advertise it as a justin beiber mug because the name is a trademark so you would be in breach but you can use your own picture and advertise it as a really annoying jumped up little shit mug or a popstar mug if you wanna be more pc

you will see web sites advertising as free to use images i strongly suggest you read the small print these tend to be free to use for personal use and not financial gain.

If you can create your own images its best to do this

Dave271069
08-11-2013, 09:50 AM
Hi Purpledragon
after a bit of research last night for about $50 per yer Graphics Factory allow you to use any of there designs for commercial gain, also red that openclipart is also open for any use, both these sights clearly say that the images can be used for anything...
ive either missed something or ive found Millons of images i can use for t-shirts.....

Dave

purpledragon
08-11-2013, 01:46 PM
Hi Dave
yes theres many places where you can pay for images either on a membership or per picture my post was just a geralisation on copyright and free images but yes obviously there are licensed images
Brett

gorgall2
08-11-2013, 03:48 PM
P
Celebraties are another grey area apparantly you can quite happily take a photo of justin beiber and then use this on a mug i would think you can not advertise it as a justin beiber mug because the name is a trademark so you would be in breach but you can use your own picture and advertise it as a really annoying jumped up little shit mug or a popstar mug if you wanna be more pc
Think you might be wrong about this, Bieber's likeness would also be protected.

purpledragon
08-11-2013, 05:09 PM
P
Think you might be wrong about this, Bieber's likeness would also be protected.
as far as im aware and i probably am wrong but a likeness can not be protected by copyright if this were the case no photographer would be able to reproduce their own photographs of him this would include the press i cant honestly see beiber being able to sue each and every news agency for printing newspapers with a photo of the lovly lad in

gorgall2
08-11-2013, 10:36 PM
Apparently, there is no right to privacy in the UK, which is the law they use in the US. But there are other ways of stopping you and taking lots of your money
http://www.bristows.com/articles/unauthorised-use-of-celebrity-images-on-merchandising-no-right-in-her-image-per-se-but-rihanna-prevails-against-topshop-by-jeremy-blum-and-tom-ohta

purpledragon
08-11-2013, 11:59 PM
What i got from that link was pretty much what is being discussed in this thread . The judge in that case appears to be saying that rihanna has won her claim on that occasion but it doesnt mean she has the right to in effect copyright her image which to be honest is clear as mudin essance you are right and so am i. How both sides of an argument can be right in law is beyond me but thats what that case is suggesting.
Personally and as an ex union official im pretty good at building an argument and a case i would argue that if its illegal tomput a celebs face on a shirt and profit from this then it must therefore be illegal to have the image of a celeb in a news paper as newspapers would profit from this.
This of course would be counter productive to the enhancement of a celebs career as lets face it celebd depend a lot on publicity and as the saying goes theres no such thing as bad publicity.
I do think a lot of clebs want it all ways they are quite happy to be plastered over the front pages when their new film or cd is out. Not quite so happy to be published in a drunken state

gorgall2
09-11-2013, 01:07 AM
I believe in the case of newspapers, it's loosely classed as public interest.

socialgiraffe
09-11-2013, 01:46 AM
Straight from the jumped up gob sh**e's mouth... well their management company who I work for

You CAN NOT sell a mug (for example) with the title JUSTIN BEIBER MUG
You CAN sell a mug (for example) with the title MUG WITH PHOTO OF JUSTIN BEIBER and you MUST label as NOT OFFICIAL

But there are other considerations. Where you get the photograph is absolutely key...

you CAN NOT use a photograph taken at a concert venue as they are protected under the venue copyright and Justin's own copyright. This is WORLDWIDE
you CAN NOT use a photograph purchased from a stock library as they are for "news" items ONLY and will not be licensed for resale/profit
you CAN use one of your photographs taken of him in a public place

Also

You CAN NOT use a font or logo associated with JB's own merchandise

purpledragon
09-11-2013, 08:38 AM
Straight from the jumped up gob sh**e's mouth... well their management company who I work for

You CAN NOT sell a mug (for example) with the title JUSTIN BEIBER MUG
You CAN sell a mug (for example) with the title MUG WITH PHOTO OF JUSTIN BEIBER and you MUST label as NOT OFFICIAL

But there are other considerations. Where you get the photograph is absolutely key...

you CAN NOT use a photograph taken at a concert venue as they are protected under the venue copyright and Justin's own copyright. This is WORLDWIDE
you CAN NOT use a photograph purchased from a stock library as they are for "news" items ONLY and will not be licensed for resale/profit
you CAN use one of your photographs taken of him in a public place

Also

You CAN NOT use a font or logo associated with JB's own merchandise
As i said mine field !!!!

NikGrey
09-11-2013, 11:51 AM
Thanks for posting that Simon (Now I know how to do it I gave you a reputation point) - I have copied that and printed it off. Useful post indeed.

pisquee
09-11-2013, 11:03 PM
you CAN NOT use a photograph purchased from a stock library as they are for "news" items ONLY and will not be licensed for resale/profit

In general terms, not specifically photos of personalities, you can license images from stock libraries for print/profit purposes (in the way people on this forum would understand it) but the cost would be so prohibitively expensive you wouldn't go though with it.

socialgiraffe
10-11-2013, 01:36 PM
In general terms, not specifically photos of personalities, you can license images from stock libraries for print/profit purposes (in the way people on this forum would understand it) but the cost would be so prohibitively expensive you wouldn't go though with it.

You are correct Pisquee and I was very much generalising on that point.

Joohlyauk
18-11-2013, 06:13 PM
What about if they are dead, like Kurt Cabane?

socialgiraffe
18-11-2013, 06:34 PM
What about if they are dead, like Kurt Cabane?

as opposed to what other people are like when they are dead :biggrin:

But in short, no. In the same way that Elvis & Beatles (for example) merchandise is still sold as official merch.

In other words, if you want to sell mugs, or anything else for that matter, you should come up with your own ideas and artwork and not ride of the back of other people's success :biggrin:

Joohlyauk
18-11-2013, 06:50 PM
Yep, got you. Shame innit! :tongue:

socialgiraffe
18-11-2013, 08:30 PM
Shame innit!

Not for me, One Direction are one of my clients :tongue:

Designandgift
19-11-2013, 08:03 PM
Hey Guys i wasnt going to share this but you know i thought sod it help those that help me :)
so this is my secret and i have used it once or twice and i think some of the work i sourced from it has being great they do almost everything :)
so this is where i will get a designer to do my images http://fiverr.com/
all you do is tell them your ideas and they will produce it normally in a day, well night as you will be asleep while they create your designs :)
everything as the website suggests is a fiver :) $5 so even better :)
remember its a secret shhh.... i am not a designer so this site will help me alot even with my crappy website, so watch this space (http://www.designandgift.co.uk) :P
Paul i am sorry in advance as i also know you do great images at a great price