Re: Recycling greeting cards - copyright violation?
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Posted by M Arthur Auslander on May 30, 2002 at 00:28:37:
In Reply to: Recycling greeting cards - copyright violation? posted by Carrie on May 29, 2002 at 01:05:21:
: I buy greeting cards and postcards with works of art on them (some public domain, some by living artists) and attach them to decorated plaques.
: Usually the original art takes up less that 1/4 of the overall surface but it is the actual, unaltered (I don't paint over them or alter them in any way) greeting or post card, and I affix the artist credits, date painted, and copyright information to the back of the plaque.
: Is this considered a derivative work requiring further royalty payments to the artist (or greeting card/postcard publisher, for that matter) or, since I purchased the cards and royalties for that purchase have been paid, am I free to sell these without fear of legal reprisals?
: Could this be considered to be akin to a frame shop that purchases mass-produced posters and them sells them framed at a mark-up? Do frame shops pay royalties on their mark-ups or is the copyright obligation satisfied at the point of purchase?
: Do greeting card and postcard publishers imply restrictions on resale on the cards they sell?
: I'm not sure on how to interpret the law on this.
: Any help would be much appreciated, so thanks in advance for any advice you can offer.
We have registered copyrights on reproductions of works of art that are in the public domain.
Our Reality Check® might be able to find a way to protect yourself from being open to infingement liability.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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