So the magic word is "please" and the magic number is 1922! Its really all a junk journaler needs to know 😄 thank you, Lindsey for your exhaustive work!! 😊
Keep in mind that the original image may be out of copyright but a specific physical copy of that image may be copyrighted. Dover does that with their clip art books -- they own the copyright to *that version* of the image and put limits on how many times you can use it in an item for sale. When a modern publishing company scans in an old image and cleans it up they can call it a "derivative work" and legally copyright it. So if you're getting an image from a book or CD of clip art don't assume you have full copyrights just because the original illustration is out of copyright. In addition when you're talking about photos of famous art works (for example, the Mona Lisa), the *photo* may still be under copyright if it was photographed after 1922. On many museum websites there are terms and conditions pages that talk about how the images on the website are copyrighted, and that's because the museum hired a photographer to take that photo of the paintings and the photo is newer than 1922. The age of the artwork itself isn't the issue, it's the age of the photograph of the artwork that's the issue.
Thank you for all you do. I watch you regularly but don't always comment (but for sure thumbs ups😁). And thank you for tackling a confusing topic when others are not willing to share their knowledge!
I am loving you for creating this video. I started jumping down the rabbit hole yesterday. I have been in panic and anxiety mode ever since because I want to create a junk journal.
Copyright law is not even clear to most copyright lawyers. It is very convoluted and actually is different for illustration, books, music, art, rubber stamps, and photography. There are many items by companies that have Angel Policies which give you a limited copyright usage for personal or limited number of copies. Keep in mind if a company is still in business, they have ways of keeping many of their rights, Disney, Peanuts, Barbie, best to stay clear...
Thank u for sharing this video as a new newbie it is great to know I just found your site u explain things even I can follow lol have u a video from start to finish thanks again
Thank you so much for this information. I am one of the people on Pinterest that did the research and would pin the true artist on any artwork I put on my board, I hope it has helped others in their research. Tfs :)
Courts have dismissed copyright infringement cases on the grounds that the alleged infringer's use of the copyrighted work was so insignificant, that it was considered a de minimis use. In other words, courts/the law do not waste their time on such trifles. So, unless your mass producing some copyrighted work and making lots of money from it, there's no need to fret over it. Another defense to use if using copyrighted work is to ask: does your crafty item which may use a copyrighted piece of work effect the potential sale of that copyrighted work -- most likely, it does not.
I found this very interesting and informative. Have you thought about making another video current I know this is four years old but I’m sure somethings have changed I’m just curious if you thought about it I would love to watch another video like this.
This is good info for using original art, or books you've bought, but what about copies or photographs. So lets say someone is selling postcards of famous 1400's art. the photograph or that postcard belongs to the seller, doesn't it?. Also someone sells you an images of a vintage card, to use them in your journal is fine but they say you cant copy it /nor sell it, how is that protected?
Thank you for the research and website links. I have been seeing coloring pages in junk journals and was wondering if there is a copyright issue with that? I am also curious about dictionaries and encyclopedias.
Ah, don't we all love Copyright???? This is awesome info for people who have not thought about it before :-D Might be worth mentioning that UK Copyright Law differs from the US. Thanks for sharing xxx
I really love that you shared your sources for the public domain images!! And your Etsy archaeology series is one of my favorites. Not only finding out the new shop but the way you use the items. I would love to know any of your other sources for images that aren’t nature. I cringe when I hear people copying scrapbook paper or pages of books that aren’t in public domain. One question I have is, if I own a book can I sell the original pages of that book in batches? I do know that if I use an original page in a piece of art (even in a junk journal) that is ok.
It's not quite as cut and dry as that. Trademark law is different than copyright and so you can't use anything like a logo or a character that may be trademarked. Also, you have to show that you've significantly altered the copyrighted item in question and/or the product you've made with it isn't in direct competition with the item you've used and/or you are parodying the item in question. It's a really sticky subject, is hard to fight legally since usually the copyright holder has more money/power to fight the claim in court and so if you get a cease and desist, it's usually better just to desist unless you have a clear legal claim and you aren't fighting a corporation. Better just to stick to stuff that's in the public domain or something you have permission from the copyright holder to use (in writing.) Good luck!
Princess 20-Sided Die that is why I knew I could use the pages I’ve used in a junk journal- because it is significantly altered. And I wouldn’t use a trade mark. Harry Potter and other movie books are basically trademarked from front to back. You can’t alter a trademarked item in any way or sell it without violating trademark. I’m well informed. Just wanted a second opinion. And I got 2 so thank you for the bonus help!
So can you use a page out of a book after 1922 once in a journal that you make for yourself? What about selling it in a kit or journal? Are you referring to copying it over and over?
Thank you Lindsey this is very helpful. I purchased a College Typing The H.M. Rowe Company and some research suggested that if the company did not renew copyright (1936, 1938) , I could make copies . Any input on this would be very appreciated. It also has a record card.
Thank you for this information, Lindsey.. I am late to the copyright party as it hasn't until recently affected anything I do (or so I think) but now I do have questions. If you know, thank you. If not, I'll try to find answers. If I purchase someone's digital journal kit from Etsy or a similar marketplace, can I use those images in something I make and give away? Can I use them in something I might sell? (I don't currently sell anytihng, but you never know. . .) Again, this wasn't on my radar until very recently. Thank you so much for your generosity in sharing your research. Diane
Actually becareful on paintings. Monet's I think are still copyright protected. Van Gogh has a museum that owns rights to things too and sometimes museums will claim copyright. Just becareful, especially on famous pieces. Amazing vid full of awesome info!!!! Thanks!
I’m a little confused about art. Is it because some art is more commercialized than others? We can find Monet on a coffee cup. I mean….do we really have to worry about our buyers reporting us if we use a lesser known artist art or illustration? Does it really come down to that? Who (buyer) would take the time to look up this stuff and why?
Thank you for your quick reply. I've now begun to wonder about rubber stamps, scrapbook paper, etc. And one more thought - when someone doing a video recommends picking up books anywhere, then gutting them for the pages or covers, if the book is newer than 1922 they are violating copyright laws? Would seem so.
I was also thinking the same way. If I cut images that's copyrighted and use them for my journal, I would not be violating copyright laws because I'm not copying them. But if you sell your journals, are you violating the law since your journals contain copyrighted images, etc.? Also, if you produce a journaling video, will you be violating the law since you'll be earning from RU-vid?
Thank you Lindsey! I do have one specific question that I think many people are interested in: specifically the British magazine Daphne’s Diary. Can I use a piece of artwork from a Daphne’s Diary that I own (and I cut out of the magazine to use that piece) in a journal that I plan to sell? I have heard of people getting in trouble from Daphne’s Diary but I am only talking about using a piece of a magazine that I own and not a copy of it. Does it matter that it is a British and not an American magazine? Thank you for helping with this question! Donna
Thank you for this video! Much needed info! I have a question... I’m really interested in a book... Edith Holden The Country Diary of An Edwardian Lady: A facsimile reproduction of a 1906 naturalist's diary... This book is really a copy of an artist’s diary and artwork from 1906, how can they claim copyright on it? Thank you in advance. Brenda Moffett.
I hope you can answer my question as quickly as possible. I'm an artist and I make junk journals to sell. I found a book at the thrift store that was published in 1992 but I did cover or rip off the title of the book in every page that I used. Will I be able to sell this
Hi... Thank you for the info! Do you know....if I found a book, personally published in 1962, can I use the book itself for the "cover" (pretty flowers) and some of the pages??? (Not copy them?) Thank you!!! :-)
How can you tell that all Etsy sellers are responsible people and have considered all those Copyright things? And should they not, who’s to blame if you use Etsy bought images and they appear (at some later point) to be copyrighted and you’ve already sold some projects with these images? The Copyright issues are the ones worrying me, hence not sold any of my paperprojects yet...trying to find out as much info on safe materials as I possibly can, so would some day TaKe a dive and put my work out there...
Thank you very much for this info. So to be clear: anything dated AFTER 1922 can't be copied but the original pages CAN be used and sold in your junk journals, right? Thanks!
Thank you. This is very useful. I started junk journaling 3 months ago and one of the things that worried me was seeing a lot of people using book drawings or pictures without giving proper credit to the authors. In the ones I made for my friends, I did put a page enumerating the works I used. I also contacted authors when in doubt and they all told me to mention their names in their work. But I did not know about copyrighted laws for public works. So thanks!!
very informative. Dear copyright law apply according to the country; means can someone can use an item in his/her art work which has copyright in USA but not in out side of USA : Other country? PLEASE REPLY. Does copyright means ''copyright' for all the world means if original item has been created in USA and has copyright so, it means it can't be use without permission of original artist but if someone is out side of USA can use this item under his/her country's copyright law in their country?
So if I’m listening to this in 2022, does this increase the cut off year to 1926? Serious question, I’m extremely new to junk journals in ‘22 ( I used to junk journal & scrapbook for fun, 25 yrs ago. ) Thank you for your guidance & help 🥰
Can you use purchased copy right material after 1922 in a repurposed fashion, for example junk journals.,tags etc. ? I wouldn’t be reproducing the info/art just using it in items I make and sell
Hi Lindsey, thanks for sharing some websites 😍 I have been asking about this topic and got no answers from others previously! So much depth in copyright law. I am curious if we own a book, then we can use the originals in JJs? Just no copying...cr after 1922...loosely of course because I have read so many things on this 😐 Thanks again 😍
I've seen you say this a few times, but it isn't as cut and dry as that. First, trademark law is different from copyright law and you can't use anything trademarked (like a logo or licensed character) even from an item you own. Secondly, there are all sorts of caveats to the copyright law and first sale doctrine that you are basing this on that there are loopholes and conditions where you can't actually (legally) use an item in a piece you intend to sell, even if you purchased that item. It's a really complex issue and hard to navigate if you aren't a lawyer. You may not want to tell people something is legally okay when it's not always. They could come back and sue you if they got into trouble.
If someone has used the public domain for art to make greeting cards and copyright them, am I free to use the cover of the card for a cover of my journal?
@@LindseyZenor So, if the image is not “photo copied” , I can use the original in a junk journal for both self use , gifts &/or possible sale? Thank you so much for sharing such important info with us. Junk journaling is so fun & I’m confident no one wants to break rules in the process. 🌸
No. Junk Journal makers aren’t publishers. People who make bottle dolls out of food jugs are doing what we’re doing. We’re reselling things we’ve purchased. Even with purchased images, you’re only making one copy of a journal. No one is going to sue a junk journaler. It’s simply not financially feasible.
11:12 - ok, ok, ok - but are all those selling junk journals gonna be carted off to jail next week - what with tearing books apart, making all kinds of alterations to books, etc etc etc - then selling them for $200. ? Jail time? Bottom line please. Is Mrs. Cog a fugitive? Do all those (again) finding old books, then altering them up-a-storm, then selling - Are They Jail Birds? - Headed for Prison Next Week? - Need Lawyers to COVER THEIR YOU-KNOW-WHAT'S? because the Way They Talk on all of their videos suggests that they have No Fear of selling their altered books (which are decidedly NOT mostly... written prior to 1922).
