# Graphics for rhinestone designs, what can be used?



## artswear (Jun 20, 2011)

I just finished reading the show your stuff thread, and was amazed by the talent and ideas, it was a long but motivating experience, lol...

My question has to do with copyright issues. It seems as if baseline artwork is needed (unless you make your own) to create the rhinestone designs, for example, a picture of a bird taken from the web may be used as a template and the stones placed accordingly. I've never used rhinestone software so I'm not sure how it works, so correct me if I am wrong. ( I am in the investigation phase and would love to be doing this real soon.) 

If this is true, and you are not creating the intital artwork yourself, is it ok (legal) to use an existing picture or graphic as a guide, since you are technically not using the picture itself, just the rhinestoned design that was based on the pic? I hope this is the case as it would open up an infinite world of possibilities.


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## kensgirlsteph (Jun 2, 2012)

That's a great question! I would love to know the answer to this too!


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## DivineBling (Sep 14, 2010)

These are questions that I have been asking a lot over the last year at various trade shows. I've spoken to owners of companies who sell graphics, people who make rhinestone shirts, and so on.

I think whenever you get into copyright or trademark issues, it's better to be safe than sorry. 

So the general feeling about it is that if you have the rights to a graphic, such as having downloaded it from a free graphics site or bought the graphics or vector artwork, you can use them to create a rhinestone shirt and sell the shirt or transfers.

If you're talking about grabbing an image of Mickey Mouse from a website and stoning it, then you'll run into some trouble. Then you run into IP issues and you want to stay away from that stuff.


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## lizziemaxine (Nov 14, 2007)

If you are talking about using clip art for your designs, then you need to read the fine print. Even if it is free, some clip art sites will state that the images are for personal use only. Depending on where you get something, such as a picture of a bird, there may be a copyright on it. Be sure to read any disclaimers, agreements, etc. from any website to make sure you aren't infringing on someone's rights.


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## artswear (Jun 20, 2011)

So what I interpret based upon the responses so far, is that when using a graphic as a template to create a rhinestone design, the same rules and regulations governing copyright for that graphic are still in effect, even though the resulting design is a rhinestoned version of the copyrighted graphic. 

In my opinion, it's probably best to stick to original artwork, or purchased graphics that allow commercial use.


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## lizziemaxine (Nov 14, 2007)

artswear said:


> In my opinion, it's probably best to stick to original artwork, or purchased graphics that allow commercial use.


Good way to do it. Then you don't have to worry about any legal issues.


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## katruax (Sep 30, 2010)

artswear said:


> In my opinion, it's probably best to stick to original artwork, or purchased graphics that allow commercial use.


I'm not so sure with "purchased" graphics you would be in the clear...

If I buy a design of a blue bird for heat press vinyl and then use that artwork as the basis for my rhinestone design then my rhinestone design becomes a derivative work. That original artwork may or may not allow derivative works, most artwork doesn't...

There was actually a famous case not long ago for the 2008 Obama Campaign's Famous Hope Poster. The Artist used a photo that the AP claimed belonged to them as the basis for the artwork on the Hope poster. The artist said hey prove it! Here's 3 dozen photos with a very similar pose... So how can the AP really know for sure the artist used their photo?... In the end the artist settled out of court.... 

Barack Obama "Hope" poster - Wikipedia, the free encyclopedia

So really when in doubt... Ask... You will likely find not many artwork collections even those purchased allow for derivative works... Now if you do ask you should probably get it in writing just in case you make a ton on your design...

It's a crappy deal but the whole Hope Poster thing probably wouldn't even had been an issue if not for the fact the artist earned a ton of money!.... When money is involved people start to do crazy things...


Kevin


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## artswear (Jun 20, 2011)

Wow, kevin, thanks! I never even considered the issue of a rhinestone design being a derivative of the original artwork, but you are right. I do remember that case of the photo during the Obama campaign, didn't realize the artist settled out of court though. He's lucky the other 3 dozen photographers with similar pics didn't jump on the bandwagon as well!

Have you had experience with getting permission in writing for using a graphic as is, or as a derivative? Does this cost extra when purchasing the graphic?

Recently I was asked to use the American Cancer Society's Relay For Life logo in a shirt design. When I googled the logo I was surprised to learn there are very specific rules governing the use of that logo, not just which Pantone colors to use, but even more specific such as what background color to put it on and how far it has to be from any other graphic. 

I guess the moral is to do your homework. And to borrow and expression from my years as a nurse, CYA!! The safest way to go is to create your own art.


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## katruax (Sep 30, 2010)

artswear said:


> Have you had experience with getting permission in writing for using a graphic as is, or as a derivative? Does this cost extra when purchasing the graphic?


I've never attempted getting permission of a graphic that was purchased... But I have for logos and such for charitable reasons and such and it's actually fairly easy to do... It's also fairly easy to get a "crafters" license for many of the collegiate logos...

But if you are trying to be truly legit, copyright laws do protect derivative works... Now the likely hood of someone calling you out over the use of a soccer ball, checkered flag, basic things such as that is pretty unlikely... But if you use a "logo" that's a lot easier to pinpoint so better to get permission first...

Kevin


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