I have had discussions lately with artists who want to use pre-existing materials in their art. Many times an artist may find it beneficial to obtain permission to use the pre-existing art prior using the copyrighted works. However, if the artist only uses a tiny bit, this *might* be allowed under the de minimis use defense.
In some cases, that court will permit copying, even without conducting a fair use defense analysis, if the amount copied is extremely small (de minimis). The theory is that this type of copying does not rise to the level to constitute infringement. A court may examine whether an average audience would recognize an appropriation as a qualitatively and quantitatively significant portion of the copyright holder’s work as a whole. There is no bright line test for determining a de minimis use. For legal advice, consult a licensed attorney in your area.
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Sarah,
This is one of the major points of ... ah ... discussion I have with other beaders. as you observe, there is no hard bright line here - but most of the beaders I speak with are not aware that there is ANY line at all.
for example, some make and sell exact copies of jewelry they learned by taking classes or by reading magazine articles. they are not malicious, simply uninformed.
I hope that your E-book will be a guide in helping artists decide where the "fuzzy yellow line" is.
I've done some reading in this area, and have corresponded with national instructors, top of the line artists, and magazine editors.
I've gotten answers anywhere from "10% change," to "30% change," to "no resemblance AT ALL in either construction techniques or design."
I realize after reading your blog post that you can't give a single definitive answer. I really hope your E-Book addresses this area in some detail.
I haven't taken any classes from other beading artists in about 6 years because I'm afraid I'll wake up in the middle of the night with a new design idea, then realize half-way through the project that my design incorporates an instructor's design elements or construction techniques. I feel like I'm missing out on a lot of learning opportunities, but I'm very unwilling to violate anyone else's IP rights.
I'm really happy that you wrote the article in Bead and Button. I'll check your website and blog frequently for additional guidance.
new subject -
your first post said that you started this blog as a place to comment on your artwork. it's beautiful.
in reference to your postcard, you might look at material written by Bruce Baker, who has written many articles in Crafts Report magazine about marketing your work. his website is http://www.bbakerinc.com/ - hmmm, looks like all his materials are CDs. he does respond to individual emails.
Bruce Baker's seminars also touch on a very useful tool - the press release. Any time you do something new in your business - create a new line of work, have or participate in an exhibition, donate something to charity in your hometown, create a short press release with one or two photos (Bruce recommends vertical orientation for the pics because they fit newspaper column width better). Even if your newspapers or town rags don't use your first press release, they might file it and contact you later when they need additional copy.
Another professional who provides excellent photo and layout advice in Crafts Report articles is Steve Meltzer, http://www.stevefotos.com/. His articles in Crafts Report magazine frequently address the layout of slides for jurying. sometimes his articles discuss postcard layout. he has a new book out ... look at it in a bookstore before you buy it to be sure he addresses layout of advertising media.
another useful book is "The Non-Designer's Design Book," by Robin Williams (no relation to the actor). this book focuses on layout for many different forms of advertising media. at first glance it seems too simplistic to be useful. However the second, third, and fourth times I read it, I realized that the advice is very good and very coherently written.
the message from all these sources is, for the front of a postcard, simple is better. Put just a pic on the front. more details can be put on the back in the "correspondence" section. Leave room at the top of the "correspondence" section to announce your presence at an upcoming show. then send the postcards w/ upcoming show announcements out to everyone who has ever signed your guest book.
you are a very savvy businessperson. I hope this part of my email hasn't told you things you learned years ago ... if so, apologies.
All the best to you,
Mary
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