Basic Copyright Law for Junk Journalers

[@NiktheBooksmith]

So the magic word is "please" and the magic number is 1922! Its really all a junk journaler needs to know 😄 thank you, Lindsey for your exhaustive work!! 😊

[@TamraHeathershawHart]

Keep in mind that the original image may be out of copyright but a specific physical copy of that image may be copyrighted. Dover does that with their clip art books -- they own the copyright to *that version* of the image and put limits on how many times you can use it in an item for sale. When a modern publishing company scans in an old image and cleans it up they can call it a "derivative work" and legally copyright it. So if you're getting an image from a book or CD of clip art don't assume you have full copyrights just because the original illustration is out of copyright. In addition when you're talking about photos of famous art works (for example, the Mona Lisa), the *photo* may still be under copyright if it was photographed after 1922. On many museum websites there are terms and conditions pages that talk about how the images on the website are copyrighted, and that's because the museum hired a photographer to take that photo of the paintings and the photo is newer than 1922. The age of the artwork itself isn't the issue, it's the age of the photograph of the artwork that's the issue.

[@Creatorholic]

Yes, yes and yes again! So well put. I hope people keep reading and learning from this 👍

[@Ms101968]

Courts have dismissed copyright infringement cases on the grounds that the alleged infringer's use of the copyrighted work was so insignificant, that it was considered a de minimis use. In other words, courts/the law do not waste their time on such trifles. So, unless your mass producing some copyrighted work and making lots of money from it, there's no need to fret over it. Another defense to use if using copyrighted work is to ask: does your crafty item which may use a copyrighted piece of work effect the potential sale of that copyrighted work -- most likely, it does not.

[@LynneWright]

Copyright law is not even clear to most copyright lawyers. It is very convoluted and actually is different for illustration, books, music, art, rubber stamps, and photography. There are many items by companies that have Angel Policies which give you a limited copyright usage for personal or limited number of copies. Keep in mind if a company is still in business, they have ways of keeping many of their rights, Disney, Peanuts, Barbie, best to stay clear...

[@eveny119]

This is good info for using original art, or books you've bought, but what about copies or photographs. So lets say someone is selling postcards of famous 1400's art. the photograph or that postcard belongs to the seller, doesn't it?. Also someone sells you an images of a vintage card, to use them in your journal is fine but they say you cant copy it /nor sell it, how is that protected?

[@ChristaSterken]

I just wanted to tell you how much I appreciate you making this video. Super helpful!

[@MsLouisVee]

Thank you very practical, to the point without excessive chatter. Very helpful.

[@gcc610angel]

I am loving you for creating this video. I started jumping down the rabbit hole yesterday. I have been in panic and anxiety mode ever since because I want to create a junk journal.

[@CatAScrapDesigns]

I found this very interesting and informative. Have you thought about making another video current I know this is four years old but I’m sure somethings have changed I’m just curious if you thought about it I would love to watch another video like this.

[@Anna-de4mu]

I’m enjoyInga watching all this informative videos from you😊thanks for sharing your knowledge 🌸👌

[@eileenthomas525]

Thank you. I’ve often wondered about copyright laws although I’m starting to make my journals as personal gifts. Much appreciated.

[@divinekate]

Thank you, for sharing...Very informative..

[@eileenmikolayunas2170]

Good information for everyone... TFS.

[@ClareCreationsAL]

I really love that you shared your sources for the public domain images!! And your Etsy archaeology series is one of my favorites. Not only finding out the new shop but the way you use the items. I would love to know any of your other sources for images that aren’t nature. I cringe when I hear people copying scrapbook paper or pages of books that aren’t in public domain. One question I have is, if I own a book can I sell the original pages of that book in batches? I do know that if I use an original page in a piece of art (even in a junk journal) that is ok.

[@LindseyZenor]

Yes, you can do whatever you want with the actual pages as long as you don't copy them.

[@ClareCreationsAL]

Lindsey Zenor thank you!

[@princess20-sideddie95]

It's not quite as cut and dry as that. Trademark law is different than copyright and so you can't use anything like a logo or a character that may be trademarked. Also, you have to show that you've significantly altered the copyrighted item in question and/or the product you've made with it isn't in direct competition with the item you've used and/or you are parodying the item in question. It's a really sticky subject, is hard to fight legally since usually the copyright holder has more money/power to fight the claim in court and so if you get a cease and desist, it's usually better just to desist unless you have a clear legal claim and you aren't fighting a corporation. Better just to stick to stuff that's in the public domain or something you have permission from the copyright holder to use (in writing.) Good luck!

[@ClareCreationsAL]

Princess 20-Sided Die that is why I knew I could use the pages I’ve used in a junk journal- because it is significantly altered. And I wouldn’t use a trade mark. Harry Potter and other movie books are basically trademarked from front to back. You can’t alter a trademarked item in any way or sell it without violating trademark. I’m well informed. Just wanted a second opinion. And I got 2 so thank you for the bonus help!

[@coralraeartandthings]

Awesome video

[@suchatimeasthis1958]

Thank you so much for this information. I am one of the people on Pinterest that did the research and would pin the true artist on any artwork I put on my board, I hope it has helped others in their research. Tfs :)

[@LindseyZenor]

I love it when I see pins with artists and dates...thank you!

[@nancyjustice8524]

Awesome thanks for sharing info...helped so much

[@brenda-mycraftspot2378]

Thanks for sharing this information.

[@irenecortez7819]

Great information. Thank you so much

[@marcellab.9549]

Thanks for spreading these essential pieces of information!!

[@nanjohnson8186]

I appreciate all your information, it was nice to learn. Tfs

[@maxinebryce638]

Thank u for sharing this video as a new newbie it is great to know I just found your site u explain things even I can follow lol have u a video from start to finish thanks again

[@debskover5854]

So can you use a page out of a book after 1922 once in a journal that you make for yourself? What about selling it in a kit or journal? Are you referring to copying it over and over?

[@TheRagamuffinsong]

I’ve been nerding this out for a few weeks. Thank you for sharing!

[@michellebrown7000]

Great information. Thanks for sharing!

[@wendybrichacek6138]

Thank you for all you do. I watch you regularly but don't always comment (but for sure thumbs ups😁). And thank you for tackling a confusing topic when others are not willing to share their knowledge!

[@jankitteringham8483]

Great information Lindsey, Thankyou. 😊

[@MixedMediaCraftsbyDiane]

Thank you for the research and website links. I have been seeing coloring pages in junk journals and was wondering if there is a copyright issue with that? I am also curious about dictionaries and encyclopedias.

[@juneholbrook9452]

Thanks for sharing.

[@TracieFoxCreative]

Ah, don't we all love Copyright???? This is awesome info for people who have not thought about it before :-D Might be worth mentioning that UK Copyright Law differs from the US. Thanks for sharing xxx

[@LindseyZenor]

Great point.

[@bclmtaylor]

Canadian copyright is also different just slightly.

[@tuthillg]

Very informative, Lindsey! TFS!

[@kimlatham7583]

Thank you Lindsey-i'v learnt heaps from your article.

[@papercraftingirl]

Awesome info, thanks for sharing the websites as well! Lori

[@ginah9338]

thank you so much for this! Question, with pictures of 1920's flappers, i find on pintrest, can i use them in the journals?

[@helenrace4454]

Thank you for this valuable information. I'm sure that many will appreciate this. hugs

[@battechocolahte68]

Great information Lindsey !! Thank you sooo much for sharing :-) This explains a lot !!

[@artzology]

Very helpful! Always great to learn more! tfs!

[@sharonschaefer5575]

Thank you for the great information. Have a great day 😋

[@Beechnut2U]

Great info!

[@lisajameson8483]

Awesome info. Thank you.

[@jewelsjournals4080]

Awesome, thank you Lindsey!!

[@RecraftedByCarol]

Thank you for your research really helpful

[@sbartistry5622]

Thank you for sharing this information! I appreciate you sharing those websites, and I will definitely be checking them out 👍😊

[@anthonycooper476]

Great advice👍😍

[@carlenegilpin261]

This was awesome information. Thank you😊

[@NoteSpinner]

Thanks for the heads-up

[@rebeccabarr2726]

Thanks so much for this info and making it simple to understand!

[@honestly8015]

Thank you for your quick reply. I've now begun to wonder about rubber stamps, scrapbook paper, etc. And one more thought - when someone doing a video recommends picking up books anywhere, then gutting them for the pages or covers, if the book is newer than 1922 they are violating copyright laws? Would seem so.

[@LindseyZenor]

Copyright law deals with making copies. If you are not making copies, then you are not breaking copyright law.

[@journalmuse0578]

I was also thinking the same way. If I cut images that's copyrighted and use them for my journal, I would not be violating copyright laws because I'm not copying them. But if you sell your journals, are you violating the law since your journals contain copyrighted images, etc.? Also, if you produce a journaling video, will you be violating the law since you'll be earning from KZbin?

[@shawnas464]

So helpful!! Thank you🎉

[@thejoyofjunkin2924]

Thank you for the great info.

[@AikunIhana]

How can you tell that all Etsy sellers are responsible people and have considered all those Copyright things? And should they not, who’s to blame if you use Etsy bought images and they appear (at some later point) to be copyrighted and you’ve already sold some projects with these images? The Copyright issues are the ones worrying me, hence not sold any of my paperprojects yet...trying to find out as much info on safe materials as I possibly can, so would some day TaKe a dive and put my work out there...

[@LindseyZenor]

You have to make the best call you can. If it doesn't feel right, just look for another seller. I am not a lawyer so I don't know all the legalities.

[@vintagemoss9578]

Very informative thank you. 😄

[@kathleenseligmytatterednto8560]

Actually becareful on paintings. Monet's I think are still copyright protected. Van Gogh has a museum that owns rights to things too and sometimes museums will claim copyright. Just becareful, especially on famous pieces. Amazing vid full of awesome info!!!! Thanks!

[@pinkspace6687]

I’m a little confused about art. Is it because some art is more commercialized than others? We can find Monet on a coffee cup. I mean….do we really have to worry about our buyers reporting us if we use a lesser known artist art or illustration? Does it really come down to that? Who (buyer) would take the time to look up this stuff and why?

[@barbsjournalcreation1392]

Thank you SO much, this has been a concern of mine.

[@janellbrown71]

Thank you for the info

[@gloriamask5628]

What about images on Facebook created by someone else? Some say free printable, others say “for personal use only”. Also a lot are created by AI, artificial intelligence apps. I am so confused! Help!

[@waukonstandard]

This is awesome info!!!!

[@donnacarraway9182]

Sorry about that but I now think that Daphne’s Diary is from the Netherlands.. thanks Donna

[@chelylaartesana235]

Great information! I kind of had an idea about all this, but it's nice to learn some more. Thank you so much for sharing ☺

[@joycemeyer8393]

What happens with magazines? Let’s say there are beautiful images and you tear out pieces of say a rose garden - can you safely copy?

[@LindseyZenor]

No. Unless the magazine is public domain, you cannot copy- anything in it.

[@kimgamble4215]

Thank you Lindsey this is very helpful. I purchased a College Typing The H.M. Rowe Company and some research suggested that if the company did not renew copyright (1936, 1938) , I could make copies . Any input on this would be very appreciated. It also has a record card.

[@LindseyZenor]

Yes, that is true, but the research to find that out is extensive! Maybe I will do a video on it someday.

[@donnacarraway9182]

Thank you Lindsey! I do have one specific question that I think many people are interested in: specifically the British magazine Daphne’s Diary. Can I use a piece of artwork from a Daphne’s Diary that I own (and I cut out of the magazine to use that piece) in a journal that I plan to sell? I have heard of people getting in trouble from Daphne’s Diary but I am only talking about using a piece of a magazine that I own and not a copy of it. Does it matter that it is a British and not an American magazine? Thank you for helping with this question! Donna

[@LindseyZenor]

My opinion is that it doesn’t matter and is ok if you are not copying it.

[@corinnecurtis5145]

Thank you for the info!

[@Craftsbysamantha229]

Is it illegal to sell little golden books as Junk journals? I've heard yes and no so I'm a little confused 🤔

[@patsyfoister684]

Good info-Thanks!

[@FabricPaperAndBeads]

Thank you for this video! Much needed info! I have a question... I’m really interested in a book... Edith Holden The Country Diary of An Edwardian Lady: A facsimile reproduction of a 1906 naturalist's diary... This book is really a copy of an artist’s diary and artwork from 1906, how can they claim copyright on it? Thank you in advance. Brenda Moffett.

[@LindseyZenor]

I did some research that... it’s because it was never published. The family published it much later on.

[@JamieRoseDesigns]

Thanks for the great info!

[@debrastone3536]

Thank you so much for this video it is so helpful!

[@7andearth76]

This was great! Thank you!

[@dannettetheremarkablemaker1375]

Thank you for all of this information!

[@darleneroach2848]

Thanks for the information: The background is beautiful where did you find it on etsy?

[@joannagg9707]

can you use magazine images or pages without copying them in your junk journals

[@LindseyZenor]

Yes

[@ElderberrySprout]

This is so helpful! Thank you Soooo much!

[@ThePaperPatch]

So, scanning and making digitals with them is okay? Thank you for this! This was 3 years ago, so I'm not even sure if this number has changed, lol! 🥰

[@flormorena3778]

So if I’m listening to this in 2022, does this increase the cut off year to 1926? Serious question, I’m extremely new to junk journals in ‘22 ( I used to junk journal & scrapbook for fun, 25 yrs ago. ) Thank you for your guidance & help 🥰

[@seameology]

Yes. She does explain that at the beginning of this video.

[@mauricepowers3804]

I hope you can answer my question as quickly as possible. I'm an artist and I make junk journals to sell. I found a book at the thrift store that was published in 1992 but I did cover or rip off the title of the book in every page that I used. Will I be able to sell this

[@honestly8015]

Thank you for this information, Lindsey.. I am late to the copyright party as it hasn't until recently affected anything I do (or so I think) but now I do have questions. If you know, thank you. If not, I'll try to find answers. If I purchase someone's digital journal kit from Etsy or a similar marketplace, can I use those images in something I make and give away? Can I use them in something I might sell? (I don't currently sell anytihng, but you never know. . .) Again, this wasn't on my radar until very recently. Thank you so much for your generosity in sharing your research. Diane

[@LindseyZenor]

Each artist will have their own policies about what they allow. They usually allow what you are wanting to do.

[@johannalynn3875]

Hi... Thank you for the info! Do you know....if I found a book, personally published in 1962, can I use the book itself for the "cover" (pretty flowers) and some of the pages??? (Not copy them?) Thank you!!! :-)

[@LindseyZenor]

If you don't copy them, yes.

[@syedaanjum896]

very informative. Dear copyright law apply according to the country; means can someone can use an item in his/her art work which has copyright in USA but not in out side of USA : Other country? PLEASE REPLY. Does copyright means ''copyright' for all the world means if original item has been created in USA and has copyright so, it means it can't be use without permission of original artist but if someone is out side of USA can use this item under his/her country's copyright law in their country?

[@LindseyZenor]

I am only speaking for the United States. I do not know copyright law for other countries.

[@syedaanjum896]

@@LindseyZenor means we are free to use UK 'S copyright material in USA if its before 1922 according to USA's copyright law?

[@cristinashepard3166]

Thank you very much for this info. So to be clear: anything dated AFTER 1922 can't be copied but the original pages CAN be used and sold in your junk journals, right? Thanks!

[@LindseyZenor]

This is an old video. The year is 1925 now. But yes.

[@cristinashepard3166]

Thank you. This is very useful. I started junk journaling 3 months ago and one of the things that worried me was seeing a lot of people using book drawings or pictures without giving proper credit to the authors. In the ones I made for my friends, I did put a page enumerating the works I used. I also contacted authors when in doubt and they all told me to mention their names in their work. But I did not know about copyrighted laws for public works. So thanks!!

[@ButterBunBooks]

This helps soooo much! Thank you!

[@dragonflyer59]

Is Biodiversity only available for flicker?

[@braelynhobbs129]

Am I the only one more interested in the argument going on in the background of this video 2-3mins in?

[@KatetheskateStudio]

Love this video!

[@anglsnyder7250]

Can you use purchased copy right material after 1922 in a repurposed fashion, for example junk journals.,tags etc. ? I wouldn’t be reproducing the info/art just using it in items I make and sell

[@LindseyZenor]

Yes, as long as you don’t copy it.

[@bonnieleehen]

If someone has used the public domain for art to make greeting cards and copyright them, am I free to use the cover of the card for a cover of my journal?

[@LindseyZenor]

If you don't copy it.

[@Giger8078]

All countrys have there law. In Sweden it’s diffrent.

[@roseanndeighan5872]

Hi Lindsey, thanks for sharing some websites 😍 I have been asking about this topic and got no answers from others previously! So much depth in copyright law. I am curious if we own a book, then we can use the originals in JJs? Just no copying...cr after 1922...loosely of course because I have read so many things on this 😐 Thanks again 😍

[@LindseyZenor]

Hi Rose, even after 1922 you can use the actual pages, just no copying.

[@roseanndeighan5872]

Thank you this goes in line with what I have read ☺️

[@princess20-sideddie95]

I've seen you say this a few times, but it isn't as cut and dry as that. First, trademark law is different from copyright law and you can't use anything trademarked (like a logo or licensed character) even from an item you own. Secondly, there are all sorts of caveats to the copyright law and first sale doctrine that you are basing this on that there are loopholes and conditions where you can't actually (legally) use an item in a piece you intend to sell, even if you purchased that item. It's a really complex issue and hard to navigate if you aren't a lawyer. You may not want to tell people something is legally okay when it's not always. They could come back and sue you if they got into trouble.

[@LindseyZenor]

That is why I prefaced this video with, "I am not a lawyer."

[@syedaanjum896]

@@LindseyZenor means if i am using original/actual pages than its not copyright?

[@spindymarindy]

Thank you so much!

[@JudithABurch]

Thank you

[@janasalane4439]

So if I buy a book ,even a new one, I can use the actual pages in my journals and sell the journal?

[@LindseyZenor]

Yes

[@janasalane4439]

Thank you.🥰

[@olgachavez4667]

What about cutting out images from magazines to make junk journals like Better Homes and other magazines would that be copyright?

[@LindseyZenor]

Just don't copy them.

[@olgachavez4667]

Thank you! Lindsey I’m one of your new subscribers! I enjoy watching your videos! Thank you for answering one of my most important questions!

[@mariacalia1510]

What if you completely cover a book such as a kids book repurposed as junk journals? Can they be sold?

[@LindseyZenor]

Yes. You are not copying anything.

[@mariacalia1510]

Lindsey Zenor thank you! Your video was very helpful!

[@sharoncarroll8892]

Thank you !

[@paulinewhite9889]

Hi.... Can i use magazine picture for junk journal making for resale.... Thank u

[@LindseyZenor]

If you don't copy it, yes.

[@paulinewhite9889]

@@LindseyZenor thank u..

[@flormorena3778]

@@LindseyZenor So, if the image is not “photo copied” , I can use the original in a junk journal for both self use , gifts &/or possible sale? Thank you so much for sharing such important info with us. Junk journaling is so fun & I’m confident no one wants to break rules in the process. 🌸

[@melodytannerclark]

No. Junk Journal makers aren’t publishers. People who make bottle dolls out of food jugs are doing what we’re doing. We’re reselling things we’ve purchased. Even with purchased images, you’re only making one copy of a journal. No one is going to sue a junk journaler. It’s simply not financially feasible.

[@cindyburst]

Thanks Lindsey! I’ve been worried about that whole scary thing. Lol

[@fgbowen]

11:12 - ok, ok, ok - but are all those selling junk journals gonna be carted off to jail next week - what with tearing books apart, making all kinds of alterations to books, etc etc etc - then selling them for $200. ? Jail time? Bottom line please. Is Mrs. Cog a fugitive? Do all those (again) finding old books, then altering them up-a-storm, then selling - Are They Jail Birds? - Headed for Prison Next Week? - Need Lawyers to COVER THEIR YOU-KNOW-WHAT'S? because the Way They Talk on all of their videos suggests that they have No Fear of selling their altered books (which are decidedly NOT mostly... written prior to 1922).

[@LindseyZenor]

Copyright only pertains to copies, not the actual books.

[@debpate9405]

Back ground noise is annoying and distracting

[@DanceswithDustBunnies]

Good expanded summary. fairuse.stanford.edu/overview/public-domain/welcome/ Things are not so black and white (no pun intended).