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Hero Arts, Atc Section.
Topic Started: Jan 31 2006, 09:38 PM (395 Views)
Poppy
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http://www.heroarts.com

Check out the Learning Centre section, which is about the new ATC 's and has loads of stamping ideas and collaged examples. :thumbup;
Poppy. :wave:
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VirginiaS
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Great stuff!! I love seeing all the ideas.
Don't forget though in the states if you use certain stamps, like the "Hallmark" or "Disney" ones, you have to credit them on the back or you violate their copyright. I was reading an article the other day that said they were going to start cracking down and sueing people!! :blink: :blink: I bet you money if they do they'll alienate alot of their customers! :angry: I meant to tell you guys that before but I forgot about it till I saw this. :red:
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Poppy
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Is that only if you sell the finished article Virginia? Hero Arts lets you use stamps and sell upto 200 copies, but only if you have their permission first. Credit them as well I would think.
It's a brill site isn't it.
Poppy. :wave:

It is really annoying to think you pay top prices for these rubber stamps and some companies won't let you sell any of them. What do they expect you to do with them, you certainly cannot send the same stamped image to friends every time can you???? :groan
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VirginiaS
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Exactly! I know Disney will charge you irregardless of whether you sell or not and I think they and Hallmark are pretty much the same company, they have corporate lawyers who do nothing but this. Their official view on it, is that it's piracy and they lose billions of dollars. I can't see how that can even remotely be applied to stamps though as they're stamps, what the heck are you supposed to do with them? Hallmark has taken a massive loss of sales though due to the iternet and people actually having options besides store bought cards so who the heck knows what they're thinking. I can't find the original article but here's a FAQ question from a copyright question site (R.IG.HT.S for artists), it's along the same lines.
Quote:
 
I bought rubber stamps used for crafting, stamped them, hand colored them and scanned them to place on my website. Is this okay?

I want to craft some projects using rubber stamps and sell what I make ... is this okay?



According to one of the largest rubber stamp crafting companies worldwide, they do not allow their stamped images to be reproduced in an electronic (i.e. the computer, web pages, etc.) or mechanical format:

"All of the designs featured in our catalog are copyrighted by INKADINKADO and the many artists noted. INKADINKADO is proud to be an "angel" company, and we encourage the use of our products in crafts made by the consumer and by the professional crafter. Do keep in mind that all of the stamp images we produce are for private, non-commercial use only, and that reproduction of those images in electronic or mechanical form, is strictly prohibited. All rights reserved."

Many more of the rubber stamps manufacturers, retailers, and/or artists also have rules prohibiting the "electronic" reproduction of their stamps. As such, it is advised that you check each company's terms of use before placing stamped images online.

If you plan to use the rubber stamps to handmake craft items to sell, it is advised to check EACH rubber stamp manufacturer's "terms of use" (perhaps their Angel Policy if they are an "Angel Company") before proceeding with selling the crafted items. Each manufacturer, retailer, and/or artist may have different requirements for their terms of use.

Here's a long but interesting discussion on the digital future and the arts and entertainment industry. It's kind of scary in a way.
PBS Discussion
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jo145
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I had heard of angel companies and hope all the stamps I have are from them. I can see that problems could arise though with other stamps. :unsure:
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Poppy
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What are they harping on about? Surely if someone placed an image of a certain stamp on a forum like this, would you think most members admired it and would want to BUY it anyway???? They should look upon it as free advertising/
Poppy :wave:
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waxingsteve
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Why bother buying something if you can't actually make reasonable use of it? If you buy a car and then chop it up and create a metallic sculpture out of it, the manufacturer would probably be willing to pay you to own it for their head offices! They wouldn't turn round and sue you for breaching their "intellectual property rights". If you sell something on to somebody, you don't pay royalties to the original manufacturer. Take a book, the only condition the publisher places on you in the event of you selling the book on is that it is sold as published, with the original cover and the contents whole. Even the music industry, who are as paranoid as they come, don't sue people for selling on original copies of records. If you buy a painting from an artist and then sell it to somebody else, then the artist gets nothing on that second (or any subsequent) sale. You are not obligated to pay royalties on those sales!

Craft companies say that you are selling their designs, thereby breaching their copyrights. You are not selling physical copies of their stamps, which can be used as a stamp! If you were buying their stamps, copying them, and then making your own rip-off stamps, they'd have every right to sue. A stamp, or anything else, that cannot be used for the purpose intended is useless. There are no warnings at the point of sale in craft stores, which effectively negates all legal claims of copyright theft. There would have to be huge displays, or packing that includes a leaflet - for every stamp! - detailing clearly what they could be used for - nothing, of course! The failure to inform is sufficient to have any claim dismissed. What next? Scissor manufacturers claiming rights limitations for "special design" cuts? It is a pathetic attempt to control crafters, without any sound basis in law. Copyright terms are, of course, time limited unless renewed, so presumably these companies will either reissue every stamp they've ever manufactured periodically, to reinforce their artificial claims? How do they claim greater rights than any other company or individual in existence?

If I made stamps, or anything else, for sale, the only limitation I would place on them would be that the originals were not copied in the sense of producing stamps from the originals (or similar). Any other use would be regarded as "fair use" and purchase of such stamps would imply a licence to use those stamps to stamp objects/media for various purposes.

In other words, these craft companies are rebutting any concept of "fair use". Consumer law protects us in the sense of items being fit for the purpose intended. If you purchase a stamp for a purpose which is not declared an infringement of copyright at the time or place of purchase and which does not incorporate information regarding such limitations, then it must be fit for the purpose intended! A claim made later, referring to information not regarded as having been made clear at the time of purchase, either negates the claim or makes the item unfit for the intended purpose - which means that you are entitled to a full refund, while the claimant is entitled to nothing!

Steve :)
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VirginiaS
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Here here Steve!! (loud applause!) did you read the PBS thing about books and all that. it's just wrong to make cultural property unavailable to people who can't afford it! Gets me fuming!
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Poppy
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Steve, were you once a lawyer???? You tied me in knots there. But I agree with everything, a stamp is not fit for the purpose it was intended for.
Angel companies reign supreme!!!!
Poppy :wave:
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waxingsteve
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:ta:

Virginia, I've been having so many migraines lately (likely to increase with roadworks right outside the house :( ) that I've been limiting how much actual online reading I do :D

Poppy, no, not a lawyer, though I had to learn an awful lot of legalese and especially consumer law when I was a buyer for what was then our local Electricity Board ;) :r

Steve :)
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Poppy
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Oh Steve, hope the migrains ease up and go soon. Your legalese shows.
Have a lazy day and put your feet up. :huggy:
Poppy. :wave:
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jo145
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:nw: :nw: :nw:
You came over loud and clear Steve. When I'm put behind bars I'll send for you. :r

Hope you'll soon be feeling better, I haven't had all singing and dancing migraines for a while but had a nasty one yesterday that left be feeling nauseous. :ill:
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VirginiaS
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Poor Steve I hope you're feeling better! if they give you an flak go out and talk to them like you wrote up there and they'll run for the hills. :D :huggy:
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