Do I need permission to include collage in my artworks?


You generally do not need permission if you do not copy – for example, if you use collage techniques in your artworks by merely cutting up photographs or by cutting out material from magazines or newspapers. Similarly, you do not need copyright permission to include fabric or other materials that contain pictures or designs (for example, cloth with Mickey Mouse printed on it). You may, however, need permission if you subsequently wish to photograph the artwork or to put an image on the internet. This is because you may thereby be reproducing a “substantial part” of the relevant work. In some commercial contexts, you may also need advice from a solicitor in private practice as to whether your use of images or logos gives rise to issues under other areas of law (for example, if you are selling items that look like they might be merchandise from the relevant copyright owner).

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Do I need permission to make a collage?

28.05.2009

You do not need permission if you do not copy—for example, if you are making a collage from photographs cut from magazines. You may need permission if you subsequently wish to reproduce a collage (for example, in a catalogue). Generally, you will need permission from any copyright owner whose work is substantially reproduced by reproducing the collage (even if it is a small part of the collage).

 

You should also ensure that any uses you make of the work do not result in the work being treated in a way that is prejudicial to the honour or reputation of the artist, or you may be liable for infringing their moral right of integrity.

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I sold jewellery I created to the owners of a shop, to be retailed under my name. They removed my tags and replaced them with their own. Have they infringed my rights?

28/5/2009

Assuming the pieces of jewellery are protected as “works of artistic craftsmanship”, their creator has moral rights in respect of them. Exhibition and sale of the works without attributing the creator infringes her right of attribution. If the tags imply that another person made the jewellery, there is also an infringement of the creator’s right not to have the works falsely attributed.

 

The actions of the shop may also be in breach of trade practices law.

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Can I prevent another professional crafter using the same styles or techniques?

14.4.2010

Copyright law does not protect styles or techniques. However, if another crafter’s use of your distinctive style means that people confuse that person’s work with yours, you may be able to take legal action under the law of “passing off”, consumer protection legislation or trade practices legislation.

 

If you are concerned that you may have grounds to take action under these other areas of law, you should consider getting advice from a lawyer with expertise in these areas of law before making accusations that can’t be substantiated.

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