If you make art cards, ACEO or art card collages, be aware of the following important information! Any individual can be sued for copyright violations when publishing artists cards without proper license agreements. Being aware of copyright laws will help individuals avoid a lawsuit when publishing pocket art.
Public domain is anything prior to 1922. After that, all copyright material including photos, books and music could be subject to the new "Sonny Bono law" that protects all works for 95 years. All photos and artwork, including artists cards, are copyright protected even 50 YEARS AFTER death of the holder. Don't publish ACEOs with corporate logos, or brand names, like Coca Cola or Hallmark. Brand names are fine for personal usage but as soon as you publish it in print, you have immediately infringed on copyright laws. Even published photographs of persons wearing corporate logos on clothing or gear when published for commercial use can be subject to copyright questions.
Individuals must also possess a basic model release for which any and all models involved in the photo have given permission to use their image.
Ask the following questions about your art cards:
- Is this item your original art card?
- Do you have public domain rights to the ACEO image being used?
- Are you the copyright owner?
- Do you have the license agreement for this item?
When in doubt, do your research. The internet offers a plethora of information regarding copyright laws. If answers are not found regarding your rights to an art card image, do not publish it. For more information regarding this topic visit www.artcardist.com.
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