Web Graphics questions

What is the name of your state? Massachusetts

Hi (and Happy Mother's Day!!)
I friend referred me here & I hope someone can help.
I recently started a website of web graphics all made by myself, I don't sell them, they are free graphics for anyone to use. So far they are all made from my own photography. I would like to use some other materials if possible & was wondering about copyright laws.

There is a particular artist's work that I'm interested in, her name is Ida Rentoul Outhwaite and she died in 1960. I have seen her work used on cards, in childrens books & in artist compilation books & other decorative items. Is it Ok to use these images if I include copyright & her name? .....I'm thinking it isn't but where do I go to try & get permission? The card publishers? The book publishers.....or do I have to find out who owns the rights to her actual artwork (I have searched the web some but am coming up empty)

Also, what about images from greeting cards I have purchased , or even vintage greeting cards? I mean, the web graphics themselves ARE made by me, but if I take an image from a card can I just do the "Image Copyright" thing on the image. I have read all of the terms from one particular card company's website.....but it seems they're talking about lifting images directly from their website, which is not what I'd be doing.....nd again, I'm not selling these graphics & websets. I would really love to use some of these beautiful images, but of course want to do it all legally......just as I wouldn't want anyone to steal my own work, I wouldn't do it to someone else either, living or dead!!

Thanks in advance for any help
Denise

Is it Ok to use these images if I include copyright & her name?

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No, you need to get permission from the copyright owner.

I'm thinking it isn't

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You're right!

where do I go to try & get permission? The card publishers? The book publishers.....or do I have to find out who owns the rights to her actual artwork (I have searched the web some but am coming up empty)

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You'll need to get permission from the owner of the copyright. If the copyrights are registered, you could check with the copyright office: www.copyright.gov. If that doesn't work, you could check with the book publishers to find out where THEY got the rights to reproduce the works. The book publishers, unless they purchased the copyrights outright, cannot give you permission to use the works themselves, but may be able to point you in the right direction.

Also, what about images from greeting cards I have purchased , or even vintage greeting cards? I mean, the web graphics themselves ARE made by me, but if I take an image from a card can I just do the "Image Copyright" thing on the image. I have read all of the terms from one particular card company's website.....but it seems they're talking about lifting images directly from their website, which is not what I'd be doing.....nd again, I'm not selling these graphics & websets. I would really love to use some of these beautiful images, but of course want to do it all legally......

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You would need permission from the owners of the copyright to use these images, just as noted above. Even though you are "creating" a new work, in a sense, by scanning in the image, there are two problems:

1. Taking a photograph of a piece of artwork has been found by the courts to not be "transformative" -- that is, simply taking a photograph does not create a "new work" but instead merely copies the original work, which violates the copyright owner's right to control reproduction of the work. So photographing a piece of artwork without permission is copyright infringement -- I know you will be scanning, but it is very likely a court would come to the same conclusion.

2. Even if the court did decide that the scanning was "transformative" enough to create a new work, then you would be infringing on a copyright holder's right to control derivative works. So, either way, you're toast.

Basically, you need to either create your own artwork, like you are already doing, or get permission from the copyright holders. There may be some sort of copyright clearinghouse where you can get licenses to use artwork without having to track down each individual creator -- you should check around on the web. Good luck.

Clearinghouse; good idea.

Thanks so much!! You've been very helpful

What I do want to do is to incorporate some of her fairy images into web sets that have the backgrounds & borders made from my own work....using her images as say the title image with matching the colors, textures, etc. Hopefully I'll be able to find the correct persons to grant me permission

Again, thank you!!