Expert: - 1/25/2011

Question
Hello,

I like to purchase patterned/designed scrapbook papers from my local crafts stores and use them to create original collages. Sometime I cut the patterns directly from the paper (ex: if a pattern has large flowers, I cut out the flowers) and arrange them on the page. Other times, I simply take an entire sheet and contrast it with another pattern.  Once I make these collages, I put them into a picture frame.

I know of a local coffee shop that sells local artwork, and I am interested in selling these pictures. But I am concerned about whether or not it is legal for me to sell pictures that are created using pre-printed paper. Any insight you could provide would be greatly appreciated.  Thank you!!

Answer
Hi Mickey,

Thanks for your question. I would like to preface my answer by saying I am not an attorney. However I do have some experience with this myself and with past clients of mine.

The best answer is - it depends. And it depends on the manufacturer of the paper. In some cases, as with fabrics also, there may be a disclaimer that you can't use their product to create commercial products. By commercial I mean for resale to the general public - which is what you plan to do.

That being said, many times fabric manufacturers and paper manufacturers want you to use their goods for products. So it depends on the company. First I would look at the packaging to see if there is any wording that states that you may not use it for resale. You can also contact the manufacturer directly and check their website or call the company headquarters. Note there is a difference in using the paper itself vs taking an image from the design and using it elsewhere - that almost assuredly would be copyright infringement.

A few examples: I do know that you can not use Disney fabric and images for resale - they will go after you. You can use it for your personal use not for resale.

Amy Butler Designs - Here is a listing on their site noting various questions - scroll down and you will see where they address some of the copyright issues: http://www.amybutlerdesign.com/faqs/

I do hope this helps you in moving forward with your idea. More than likely you will be okay as long as you do not suggest that this is an item made by the company and that you do not recreate their designs. You, if I understand correctly, are creating your own artwork with their materials as part of the piece.

Best of luck to you. You may want to get my free report for crafters.

Jane Button
www.design2marketsuccess.com
www.craft2cash.com