Can I sell art that uses imagery from coins?

[Skyp115]

What is the name of your state (only U.S. law)? Montana

A few years back I took a digital art (Photoshop etc) class and the requirement for one project was that our source material had to be acquired via scanning. I have a casual hobby of coin collecting so I scanned dozens of coins from the US and around the world and then cut out subjects from the coin imagery (people, buildings, ships, animals, plants, landscapes, etc) and built scenes or abstract arrangements. I enjoyed the process and results and was wondering if I can sell art made this way, should anyone happen to like it.

So is the art on currency in the public domain, and can I get away with using it? I create something original, but it's made of fragments of art that someone else made for use on currency.

Does it get more complicated with foreign currency? Does it matter how old it is and if it's no longer in use?

I can show examples of the art if that matters (maybe via PM or something, posting links seems iffy)

And I only use coins, I know there are some stricter rules around paper money. (I actually tried to scan some paper bills when I was originally starting the project and learned that my scanner had a built-in function to abort the scan when it recognized that it was scanning paper money.)

Any insight in this territory is much appreciated, thanks!

 

[quincy]

What is the name of your state (only U.S. law)? Montana

A few years back I took a digital art (Photoshop etc) class and the requirement for one project was that our source material had to be acquired via scanning. I have a casual hobby of coin collecting so I scanned dozens of coins from the US and around the world and then cut out subjects from the coin imagery (people, buildings, ships, animals, plants, landscapes, etc) and built scenes or abstract arrangements. I enjoyed the process and results and was wondering if I can sell art made this way, should anyone happen to like it.

So is the art on currency in the public domain, and can I get away with using it? I create something original, but it's made of fragments of art that someone else made for use on currency.

Does it get more complicated with foreign currency? Does it matter how old it is and if it's no longer in use?

I can show examples of the art if that matters (maybe via PM or something, posting links seems iffy)

And I only use coins, I know there are some stricter rules around paper money. (I actually tried to scan some paper bills when I was originally starting the project and learned that my scanner had a built-in function to abort the scan when it recognized that it was scanning paper money.)

Any insight in this territory is much appreciated, thanks!

First, I am happy to see that you were finally able to post your thread, Skyp115.

Your question touches on several different legal areas. You have federal statutes that restrict the way currency can be illustrated and the way federal insignias and seals can be reproduced. You have federal and state trademark laws with restrictions on commercial uses of the marks and slogans. And you have copyrights (and even publicity rights) in some of the images pictured on some coins (commemorative coins).

The major concern the government has is with counterfeiting and forgery. The government has published guidelines on exactly how coins and paper currency can be pictured to avoid violating laws.

But the laws also work to prevent unauthorized persons from using seals and insignias to falsely convey government connections or endorsements. Laws prevent commercial uses of seals, insignias, trademarks and state slogans. The laws also work to prevent uses that are offensive to government interests.

Here is a link to business guidelines on using circulating coin designs, from the US Mint (you might want to explore the site):

https://www.usmint.gov/news/consumer-alerts/business-guidelines/circulating-coin-design-use-policy

Although taking one element from a rights-protected image on a coin to use as a small part of a total work (what is known as appropriation art) could be considered a fair use of the copyrighted material, fair use is an affirmative defense to infringement and not permission to use the copyrighted material. And the unauthorized uses of trademarks, seals, insignias and slogans is riskier.

I am currently low on sleep and caffeine so I will continue later and maybe edit this rather disjointed post a bit at the same time. I know there was a thread posted on this forum before that addressed an issue similar to the one you ask about here and I'll see if I can locate it for you later.*

The bottom line is that what you are creating can be done legally - depending on all particulars. Your work just has to be crafted carefully.

Again, I will post more later. It is good to see that your thread has finally found its way to this section of the forum.


* https://forum.freeadvice.com/copyrights-trademarks-39/can-images-us-coins-bills-copyrighted-526957.html

 

[Skyp115]

First, I am happy to see that you were finally able to post your thread, Skyp115.

Your question touches on several different legal areas. You have federal statutes that restrict the way currency can be illustrated and the way federal insignias and seals can be reproduced. You have federal and state trademark laws with restrictions on commercial uses of the marks and slogans. And you have copyrights (and even publicity rights) in some of the images pictured on some coins (commemorative coins).

The major concern the government has is with counterfeiting and forgery. The government has published guidelines on exactly how coins and paper currency can be pictured to avoid violating laws.

But the laws also work to prevent unauthorized persons from using seals and insignias to falsely convey government connections or endorsements. Laws prevent commercial uses of seals, insignias, trademarks and state slogans. The laws also work to prevent uses that are offensive to government interests.

Here is a link to business guidelines on using circulating coin designs, from the US Mint (you might want to explore the site):

https://www.usmint.gov/news/consumer-alerts/business-guidelines/circulating-coin-design-use-policy

Although taking one element from a rights-protected image on a coin to use as a small part of a total work (what is known as appropriation art) could be considered a fair use of the copyrighted material, fair use is an affirmative defense to infringement and not permission to use the copyrighted material. And the unauthorized uses of trademarks, seals, insignias and slogans is riskier.

I am currently low on sleep and caffeine so I will continue later and maybe edit this rather disjointed post a bit at the same time. I know there was a thread posted on this forum before that addressed an issue similar to the one you ask about here and I'll see if I can locate it for you later.*

The bottom line is that what you are creating can be done legally - depending on all particulars. Your work just has to be crafted carefully.

Again, I will post more later. It is good to see that your thread has finally found its way to this section of the forum.


* https://forum.freeadvice.com/copyrights-trademarks-39/can-images-us-coins-bills-copyrighted-526957.html

Thank you for the swift response here and for the help in the tech-support board.

The U.S. Mint site is very useful, and in reading through the Design Use Policy, I don't think my art would be in violation, except maybe for 6 specific coins in the 2009 DC/Territories Quarters set, which states:

Individual components of a coin’s reverse design (other than reoccurring text inscriptions that appear on every United States quarter-dollar coin in this program) may not be extracted and used separately from the coin design as a whole.

That sounds like they don't want me doing exactly what I'm doing, but luckily that policy is only for those few coins.

For all their coin categories, they have this guideline:

When practicable, high-resolution Covered Coin images should be obtained directly from the United States Mint by download from the United States Mint’s online Pressroom Image Library.

This kind of sounds like they don't want me sourcing the images myself by scanning coins, but also sounds a bit open-ended. Like their images are not high enough resolution, and frankly I like when the coins have wear and imperfections, so does that mean acquiring the images from their library is not practicable for my purposes?

I sent some questions to their contact email address as well.

Any insights about foreign coins? Do you think that would be on a country-by-country basis?

Thanks again!

 

[quincy]

Thank you for the swift response here and for the help in the tech-support board.

The U.S. Mint site is very useful, and in reading through the Design Use Policy, I don't think my art would be in violation, except maybe for 6 specific coins in the 2009 DC/Territories Quarters set, which states:

That sounds like they don't want me doing exactly what I'm doing, but luckily that policy is only for those few coins.

For all their coin categories, they have this guideline:


This kind of sounds like they don't want me sourcing the images myself by scanning coins, but also sounds a bit open-ended. Like their images are not high enough resolution, and frankly I like when the coins have wear and imperfections, so does that mean acquiring the images from their library is not practicable for my purposes?

I sent some questions to their contact email address as well.

Any insights about foreign coins? Do you think that would be on a country-by-country basis?

Thanks again!

Contacting the US Mint directly was a good idea and could be the best way to get your questions answered. I remember vaguely something about some of the state coin designs raising copyright issues, but I didn't see what I was thinking of mentioned on the Mint's website. And I know there has been issues on trademark rights in state slogans - but this does not appear to be a concern for you with your artwork.

Different countries address the uses of their currency (and seals, insignias, flags) differently. With ancient coins, your major issue would be one of photo copyrights. If you have access to the coins and are allowed by a museum or a collector to photograph the coins yourself, you eliminate that problem.

If your projects were of a research or educational nature, or for personal use, you would not have as many IP concerns. It will be commercial uses always that create the most difficulties.