Letterboxing USA - Yahoo Groups Archive

Images that are trademark or patents

8 messages in this thread | Started on 2014-10-25

Images that are trademark or patents

From: donutz716 (donutz716@yahoo.com) | Date: 2014-10-25 14:58:05 UTC-07:00
I've not really paid much attention in the past when searching images for letterboxes, but I've found a cool image and my husband asked me if I checked to us if I can legally use it.  Should I be worried if there is a patent or if the image is a trademark? 

enjoy~
donutz716

Re: Images that are trademark or patents

From: Maryann Lockard (mizscarlet731@yahoo.com) | Date: 2014-10-26 07:58:54 UTC-04:00
Don't worry about it. Not many patent attorneys box. Seriously if it is for your private use and you are not selling the stamps or images it is fine.


Re: Images that are trademark or patents

From: Anna Lisa Yoder (annalisascribbles@verizon.net) | Date: 2014-10-26 10:04:40 UTC-04:00
I would disagree with this (just completely ignoring any consideration of an artist's work, that is...)   It's not about patent attorneys or trademarks, etc.! Copyright is the word you're looking for, and considering the amount of work (possibly work done as a mainstay) that ANY artist might have done before you is ALWAYS a good idea!

Even if it may seem trivial from where you sit, or for the use you're planning with someone else's artwork, you will never really know if it's  "OK" to use it unless you know. A good part of my income comes from making and selling various works of art, and I will never just make an assumption that it's fine to use someone else's work or a derivative of it,  even if I'm not monetarily profiting from it, because I know how rotten it feels when it happens to me. 

The main point, beyond the legalities or copyrights or anything, is common courtesy... and, almost more importantly, helping artists of every type educate the public about the importance of honoring another human being's handiwork.  I do a lot of photography, and with the ease of copying, distributing, modifying artwork with a computer & on the net (& ease of removing copyrights) it's gotten horrifically frustrating to get people to treat artists with respect. Just because you CAN copy or reproduce something easily doesn't mean you SHOULD! 

Lastly, because I don't have more time to go into this mire right now:  At the very least, if you can find an artist (which is usually not too hard these days)  you can ask permission.  Most artists will greatly appreciate that you took the time to ask, because so few people do these days. People just copy off music & art & film right & left these days because they can (& therefore mistakenly think they MAY), so one more person caring to ask whether they may use a work, & helping others understand they should do the same is too rare but highly appreciated by artists.  Thank you!       -- an Artist. 










Re: Images that are trademark or patents

From: (sileagle@windstream.net) | Date: 2014-10-26 07:32:48 UTC-07:00

I would agree that asking for permission is the courteous thing to do, but is not always feasible.  Also, you are not technically copying an artist's creation, you are creating your own artistic creation based on their creation.  And in my case, since I am not an expert carver, the result is usually not even close to the same image.  Not sure where this falls legally, but doesn't seem wrong to me.  I guess to be fair you could give credit to the original artist in your clues if you know who the artist is.  It is an interesting question and well worth discussing  on this forum, something that has been lacking for years.

Silver Eagle

Re: Images that are trademark or patents

From: Maryann Lockard (mizscarlet731@yahoo.com) | Date: 2014-10-27 06:38:29 UTC-04:00
The copy righted art I was thinking of was of the cartoon character variety, Mickey Mouse etc. or the logos Parks or cities where box is located.



Re: [LbNA] Re: Images that are trademark or patents

From: donutz716 (donutz716@yahoo.com) | Date: 2014-10-27 04:34:33 UTC-07:00
I appreciate all your input. 

thanks and enjoy~
donutz716


On Monday, October 27, 2014 6:38 AM, "Maryann Lockard mizscarlet731@yahoo.com [letterbox-usa]" <letterbox-usa@yahoogroups.com> wrote:


 
The copy righted art I was thinking of was of the cartoon character variety, Mickey Mouse etc. or the logos Parks or cities where box is located.



Re: Images that are trademark or patents

From: (gwen.dellanno@yahoo.ca) | Date: 2014-10-28 06:12:11 UTC-07:00

This is a tough one for me and falls in the same "gray" area as asking permission to plant.  Some folks do, some don't.  I have asked permission and been denied..... so now I no longer ask.  


Technically, I'm breaking the law on both counts.  I personally "justify" it by the small impact I'm going to have and the really small number of people who will actually ever visit it.  The "risk" of getting in trouble is minimal and the pleasure it brings a few people is significant. (I live in a relatively "inactive" area of the continent.... so if I get over 50 visitors to a box in it's lifetime ~ I've had boxes in place since 2007 that have less than 50 visitors ~ that would be a lot!!)

But yes... technically on both counts (image copyright and trespassing), I'm breaking the law (in some cases.. not all).

Re: Images that are trademark or patents

From: (babybearlb2002@yahoo.com) | Date: 2014-10-29 13:05:28 UTC-07:00

I would agree that giving credit to original artist would be nice, but most images I get are clip-art, with no artist name listed.   Since I am not using the image directly, do not see problem with this, as I am making no profit on the artwork (If I can be so bold as to call my stamps artwork) I am creating.   Good question, but I really don't see a problem with using images you find online.