Wikimedia Commons

[TommyU]

Hi All,

 

I see in many of Travis' tutorial videos, he discusses pulling pictures from Wikimedia Commons, as for the most part, they are free to reuse without seeking permission. Am I to interpret this to mean that I can pull picture from there, make a pattern of that picture, and sell a finished piece I cut from that pattern? Travis, any clarification? Also, I understand some organizations have very strict copyright laws. Take Disney for instance. If i was to draw my own rendition of a disney character, make a pattern of it, and sell the finished piece, is that allowed? Just trying to get a grasp on this copyright business before I consider selling pieces. Thanks for the help in advance.

 

Tom

[Travis]

Just to clarify, I mention Wikimedia Commons is a good place to find reference material because each picture states the copyright status/restrictions for that particular photo. Be sure to read those conditions and that will tell you if its OK to use or not. While Disney is in Wikipedia, those images are used under the "fair use" act by Wikipedia. However, if you used one of those pics to make something and sell it, you'll get into very hot water. So always check the restrictions of any reference material you use.

[TommyU]

Thanks for the response Travis. So if I found a picture with this copyright info on it:

 

You are free:

to share – to copy, distribute and transmit the work

to remix – to adapt the work

Under the following conditions:

attribution – You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).

 

Can I take that to mean I can make a pattern of it and sell the piece, so long as i attribute the original author. And any advice on drawing my own versions of Disney or other characters, and making patterns from my own drawing to use?

[Travis]

Sounds like that's a Creative Commons License. So yes, you should be able to use it as long as you give credit to the original author; "Based on a photo by John Doe"

 

As far as Disney, all those characters are off limits. The character itself is protected under copyright and trademark laws, even if you draw it yourself. Pretty much anything that has commercial value; cartoons/characters, Pro/Semi-Pro sports teams, logos, popular slogans, even some celebrity pictures. Don't think they won't go after you too, since you're a small guy. There are companies that get a "bounty" for tracking down infringements. I personally know of several people that have gotten into trouble for things like this. Very messy and often includes lawyers.

[TommyU]

Thanks for all the clarification! That helps quite a bit. You speak about pro/semi pro sports teams. The creative commons license info I pasted above was from a picture of a professional baseball player on wikimedia commons. So I'm guessing that's okay to use? Sorry for all the follow up questions, just trying to sort out my attack plan!

 

Tom

[Travis]

That's a tricky area. The photo may be under creative commons, but the likeness may be copyrighted (Michael Jordan for example protects his likeness because he made a lot of money off it.) Its hard to say. You'd have to make that judgment yourself. You can argue the photo said it was creative commons and you took that at face value. Be careful when using the team logo, though. I'd just include the jersey number.

[Travis]

One thing to also look at is where you're selling these things. If you're going to have a website/sell online, you increase your risk of being caught. But if you're doing it for friends, family and small venues, you're less likely to get caught. Its all about how much risk you're comfortable with. This is terrible legal advice, though, since it could be illegal regardless.