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Copyright Questions

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  • Copyright Questions

    I am looking to put a little book together for the family that adopted my rescue horse. The kids are home schooled and they are very intersted in the horse anatomy, and especially the hooves. (since the horse had hoof issues).

    I want to make something that is fairly simple, but complicated enough. I am not exactly a great artist.

    I want to detail parts of the horse. Parts of the hoof, and basics of good and bad things.

    I could, of course, just print things from my anatomy book or from the net. But I don't want to infringe on copyright laws.

    Any suggestions? Yes, they could buy the books I have, but there are 3 kids, and it would be nice to have each kid have something that explained and detailed things based on their age and level.
    I\'m not crazy. I\'m just a little unwell.

  • #2
    First of all, as someone who deals with copyright issues on a daily basis, thank you for asking this question. Artists have been for many years worked very hard to see their artwork protected. I'm one of those, but I also love to educate with my work, which is why I'm in the field I am. I've even seen ATTORNEYS print images out from the internet, books, etc, images that are fully copyrighted, and use them as they see fit IN COURT without obtaining permission. Yikes.

    I think it's great you want to put this book together for the kids! The only images you are legally allowed to reproduce are copyright free images, or any that you have obtained full permission to use. For artwork on websites, the best thing to assume is that it's protected. If you find something you'd really like to use, you could always email the artist/author and say that you are putting together a small book for a few children to learn about horses, and ask if you can use it for this purpose. If someone emailed me and asked me that question, I would hands down agree, and thank them for asking me! Images in books, 99% of the time, are copyrighted. You are not making profit from creating the book; one of the dangers artist's face once their work goes online is that someone may take it, and then try to make $ off their work, or else in a manner that the artist should have been paid for the reproduction.

    "The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. The photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement."

    Now, the above could be interpreted in a few different ways, which is I think why a lot of people are confused by copyright law. Technically, this would fall under 'private study', however, it's also distribution.

    I have a few suggestions for you. First, you could draw it yourself using multiple reference sources. Second, find copyright free images and use those. Third, if you find images online that you like, email the artist and ask permission. Fourth, as a medical illustrator, I would certainly be glad to offer you anything that I've got on file that could help put your book together. I love to educate the up and comings!

    Good luck!

    Comment

    • Original Poster

      #3
      WOW! Thanks for such a good description and advice.


      I know a few of the "hoof gurus" with some nice pics on their sites, and I can certainly contact them for permission to use. And, ANYTHING horse or hoof that you would be willing to share would be VERY much appreciated.

      These kids are pretty cool, and eager to learn. And yes, the parents can afford books for them. But.......I would like to sort of customize the little booklets to match the ages of the kids.
      I\'m not crazy. I\'m just a little unwell.

      Comment


      • #4
        Since Sobriska isn't planning (I'm assuming) on making multiple copies of the book for wide distribution/sale, wouldn't this fall under fair use?
        "The formula 'Two and two make five' is not without its attractions." --Dostoevsky

        Comment


        • #5
          Use the free stuff put out by extension offices that is made for you to use?

          Most people would not actually pursue a violation. That doesn't make it right to violate it, but they tend to get mad only when its for commercial purposes.

          For example, someone stole my name "honor law" recently. They are a company that practices copyright and trademark registrations I do not lose sleep over this, but the irony does amuse me.

          I have a friend who sues anybody that uses her work without permission. But "anybody" usually means TV or bad movies. She donates overstock books for kids to use.

          Comment


          • #6
            TooManyChickens....I love you, you are my hero.

            I spent more than I made last year threatening "well intentioned" folks, who really should know better, to stop stealing my work.

            It is really hard to be an artist, I have been doing it for nearly 25 years and the past 5 have been brutal.

            Just please keep one simple thing in mind....just because it is on the internet doesn't make it free for you to use.

            I have our life on the farm as an open book to encourage others to maybe try some simple ways to incorporate local farmers, local eating, small farm live into their lives. I was shocked recently to have a high school teacher email to tell me that she had her kids go to my farm website and use my images for a science project. She was bragging to everyone in her school about the "library" of FREE IMAGES I have to use. Right at the bottom of every page is a little blurb that says "images and content are copyright protected - no duplication allowed".


            Please...paws off my stuff ok? If you ask you might find that I am charitable and generous to a fault...just don't steal though...that's not cool.

            I feel better now, thanks.
            I Loff My Quarter Horse & I love Fenway Bartholomule cliques

            Just somebody with a positive outlook on life...go ahead...hate me for that.

            Comment

            • Original Poster

              #7
              equineartworks: EXACTLY why I asked about this. I appreciate that the people who do these things have invested time and money and effort. And it would be wrong for me to just help myself by hitting "print".

              Sue has offered to send me some things to use, which I VERY much appreciate

              No, this is not about makig any money. They took my rescue horse, and I want to help teach them in a fun way
              I\'m not crazy. I\'m just a little unwell.

              Comment


              • #8
                Originally posted by equineartworks View Post
                Please...paws off my stuff ok? If you ask you might find that I am charitable and generous to a fault...just don't steal though...that's not cool.
                I feel the same way. I've found my articles reprinted on websites that had no permission to use them. If you ask me, I'll be fairly likely to let you use them for a good cause, but don't just steal them...

                The same goes for the rescue stuff. I've found new rescues who have copied our mission statement word for word (or just changed ONE word) and they get offended when I ask them to take it down. *sigh*
                Visit us at Bluebonnet Equine Humane Society - www.bluebonnetequine.org

                Want to get involved in rescue or start your own? Check out How to Start a Horse Rescue - www.howtostartarescue.com

                Comment


                • #9
                  It's all about education. People simply just don't know... I have a very photographic memory and remembered seeing a painting I love done by an artist in NY. Several months later I came across another artist who had, on her home page no less, a pencil sketch that she was selling prints of.. which was a direct copy of this other artist's painting! I emailed the NY artist, gave her the link, and she pursued legal action against this other artist, who claimed she had 'no idea'. Whatever.

                  Basically, if in question, just ask. More often that not, people are willing to share their work, especially for educational purposes. It's when people don't ask and things get out of hand, and THEN the artist finds out, that things get ugly. And expensive!

                  Comment


                  • #10
                    If you are using this material for educational purposes for the home schoolers, the laws have more flexibility. I think you can make one copy, etc. google it.

                    Comment


                    • #11
                      Hay

                      Previous poster said: "...just because it is on the internet doesn't make it free for you to use..." - Amen!
                      Sorry! But that barn smell is my aromatherapy!
                      One of our horsey bumper stickers! www.horsehollowpress.com
                      Add Very Funny Horse Bumper Stickers on facebook

                      Comment


                      • #12
                        Originally posted by pines4equines View Post
                        Previous poster said: "...just because it is on the internet doesn't make it free for you to use..." - Amen!
                        YES! Thank you! I've written some poems about losing a horse that I then posted on a horse loss website. In doing this, I knew I would be putting my work 'out there' and that other people would probably use it. I LOVE going to memorial sites that people have set up for their horses and finding my poem there - I take it as a huge compliment. The problem starts when people credit THEMSELVES with the work - a girl recently posted a video to YouTube with the poem, taking full credit for writing it and getting any number of compliments from friends on 'her awesome poem.' THAT is when it TICKS ME OFF!

                        TO the OP, thank you for even taking copywright into consideration - so many people don't.
                        Dapplebay - home of original equestrian clothing and accessories.

                        Comment


                        • #13
                          Info from the Copyright Office.

                          http://www.copyright.gov/fls/fl102.html

                          4. the effect of the use upon the potential market for or value of the copyrighted work.

                          The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

                          The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

                          Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.

                          The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

                          When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered “fair” nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

                          Comment

                          • Original Poster

                            #14
                            I did think of a very good idea. My own instructor does not have very kid friendly things on his web site, but he does have a ton of material in print that he has done. And I am sure it would thrill him to have little ones learning about hooves HIS WAY

                            And eagerly awaiting the stuff from Sue. What a generous offer
                            I\'m not crazy. I\'m just a little unwell.

                            Comment


                            • #15
                              I've had several requests to use photography from my website. Most of the people are students and/or artists. I always give permission and only ask that the credit include my URL. I do agree that many people will freely give permission so long as it's not a commercial project. If it were, I would ask for money -- even if it's nominal.

                              So, I agree with the posters who say to write to the copyright holders, tell them exactly what you'll be using their images for, and ask permission. Make it clear that it is not a commercial project -- it sounds more like a family scrapbook.

                              Comment


                              • #16
                                Originally posted by cowgirljenn View Post
                                I feel the same way. I've found my articles reprinted on websites that had no permission to use them. If you ask me, I'll be fairly likely to let you use them for a good cause, but don't just steal them...
                                I have had the same problem - my words and name being used to promote something I do not endorse, approve of or am affiliated with. Requests and demands to stop have been ignored. One response was that I should be flattered.

                                Uh... I don't think so.

                                I was speaking with an artist about a commission and asked if she had a website. She said - nope - she'd seen too much of her work copied and sold for less elsewhere. So she sent me samples instead.

                                Can you believe that? Outright theft. The nerve.

                                Glad the OP's getting advice from folks in the business. Good luck with the project!
                                Brothers and sisters, I bid you beware
                                Of giving your heart to a dog to tear.
                                -Rudyard Kipling

                                Comment

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