Is it Legal?

[daisy]

Hi,

I was wondering if anyone out there knew of any legal implications to framing cards, pictures from magazines, artists prints etc. and then selling the framed product on. I hope to find a use for all my left over bits of moulding etc but dont want to infringe on any copyright laws.

Regards Daisy

[gesso]

as far as the cards and prints as long as you have obtained them for the purpose of retailing then there's no problem magazine pages are protected under copyright for the photographer and publisher but the chance of being prosecuted is very small . I use to be a music photographer and the reproduction of images were limited to publicity (magazines) this is an agreement between the artist and photographer I can not sell prints of my images outside their initial intended use without permission from the artist but
were or rather who would come after you would be anyone's guess ie the owner of the copyright or the subject matter (ie model release) ...see that there! its called a mine field'

[Not your average framer]

Hi Daisy,

You've picked a very complicated issue. Technically cards are not usually printed to be framed and retailed as framed prints. Although there are a small number of vendors who produce cards for that very purpose, it is normally assumed that the copyright owner has granted permission for the image to be used for a specific use only.

Adapting that published image by framing to sell as something else which will sell at a higher price should justify the copyright holder to a fair proportion of the extra profit resulting from the adaption. If the copyright owner is deprived of what is rightfully theirs, then copyright has been breached.

[Roboframer]

One publisher, big name, makes cards as well as limited editions and on the back of their cards are words to the effect of 'Frame this and we'll take you to the cleaners, pal!"

Then again most of the images on those cards have also been made in to limited editions first, with certs of authenticity leading you to believe they will not be repro'd in any other format.

Then there are other publishers who make cards/calendars'place mats/mugs/God knows what else and THEN make a limited edition from that image - Beryl Cook's stuff - even the real expensive silkscreens sold by CCA galleries, comes in cards, etc. Then there's Jack Vettriano - The Art Group sell his prints and cards and probably couldn't care less if you sold the cards framed for £500 a throw.

[Not your average framer]

For completeness I should have added:

If a customer brings to you a card which they have puchased as a card and asks you to frame it and after framing that same customer still owns that framed card, then no breach of copyright has occurred. However if the same customer is framing cards for commercial gain and reselling them at a higher price, then again the copyright owner has a right to a fair proportion of the profit gained from the sale. As before if the copyright owner is deprived of what is rightfully theirs, then copyright has been breached.

It is considered as a fair practice for framers to sell cards to their customers at the normal price and for that customer to ask to have the same card framed. This is because you are now framing a card which was sold at a normal price, the framing is a separate transaction and you are now framing the customers own property as it is no longer yours.

[Not your average framer]

At a place where I used to work the boss bought several boxes of calenders, which were converted into framed prints in cheap pine frames and sold in an advertised sale as framed prints. The images were Jack Vettriano, Beryl Cook and Disney's "Winne the Pooh". I bet John could guess which year it was! (2001 or 2002, if I remember right)

Hundreds of calenders were dismantled and framed. Lots of people bought them, thinking they were real prints and the boss made a lot of money. It happens a lot more than people realise.

[silvercleave]

The email below was the answer to the same enquiry made to the Intelectual Property Office,

Thank you for your enquiry regarding copyright. Please note that I am unable to provide you with any legal advice, however I hope the following information is of use.

Copyright protects original, creative works, such as literary, musical, dramatic and artistic works, sound recordings and films.
Copyright owners generally have the right to authorise or prohibit any of the following things in relation to their works:

* copying the work in any way.
* issuing copies of the work to the public.
* renting or lending copies of the work to the public.
* performing, showing or playing the work in public.
* broadcasting the work or other communication to the public by electronic transmission.
* making an adaptation of the work.

Copyright is infringed when any of the above acts are done without authorisation, whether directly or indirectly and whether the whole or a substantial part of a work is used, unless what is done falls within the scope of exceptions to copyright permitting certain minor uses of material. A substantial part is not defined in copyright law but has been interpreted by the courts to mean a qualitatively significant part of a work even where this is not a large part of the work.

Therefore, providing you are not making copies of the work in any way and that you are selling on original copies that you have purchased, or that you own, you will not infringe copyright.

For more information regarding copyright issues, please visit our website, www.ipo.gov.uk . You may also wish to attend a free copyright workshop. These are run by staff from the Intellectual Property Office on a monthly basis, at the British Library in London, and offer an introduction to copyright. Please see the following link to the British Library website for more details about the workshops: - www.bl.uk/bipc/workshops.html
Policy Officer,
Copyright and IP Enforcement Directorate,
United Kingdom Intellectual Property Office

[markw]

* making an adaptation of the work.

Copyright is infringed when any of the above acts are done without authorisation, whether directly or indirectly and whether the whole or a substantial part of a work is used, unless what is done falls within the scope of exceptions to copyright permitting certain minor uses of material. A substantial part is not defined in copyright law but has been interpreted by the courts to mean a qualitatively significant part of a work even where this is not a large part of the work.

Therefore, providing you are not making copies of the work in any way and that you are selling on original copies that you have purchased, or that you own, you will not infringe copyright.

Its the last term they will get you on. The work was sold to you as a greetings card - framing it and selling it on leaves you on dodgy ground.
When I took on a range of greetings cards I was told in a very friendly way that it wasn't on to frame them for sale - but as written earlier, my customer could buy a card and ask me to frame it. In practice I cant think of any framer being sued for selling framed cards .

I recently noticed that whilst looking on ebay for a particular print from Sally Mitchell Fine Art the results came back with dozens of results for the breed of dog I was looking for - all at silly prices. The framed prints were from Sally Mitchells card range and were being sold for little more than the price i sell the cards for. I mentioned this to John Mitchell and was told that they didn't like it but couldn't do much to stop it.

[daisy]

Hi all,


Many thanks for your responces.I am so glad I found this site as it really is such a great help to my business. I think the message on this is clear....'don't frame anything unless asked'. Thanks again for all your help.

Regards Daisy

[Not your average framer]

Hi Daisy,

Well, now you've had the bad news about framing greetings cards, it's time for the good news. As I mentioned early there are cards which are produced especially for framing and there are cards are produced for the normal card market, but are also supplied to contract framers, etc., for framing.

The ones which are supplied both as cards and to contract framers, may be subject to a negociated deal with the copyright owner in some cases, but a number of the publishers/suppliers are happy to have them framed as part of their marketing stratergy. So you may need to ask first!

O.K., here's some names:

Barrington Smith, Oadby, Leicestershire. Tel: 0116 271 9181.

This company sells all sorts of things, but the stuff you will be interested in, is reproduction sets of cigarette cards and postcards for framing, a range of various prints, plus die cut mounts to suit most of the range of cards which they sell. They only deal with trade customers, so they will require proof that you are a bona fide business.

Mayfair cards. I can't remember where they are, somewhere near the M4 I think, (Slough maybe?)

This compay publishes their own post cards and perhaps greeting cards with the same images, plus prints and reproduction metal signs, I seen lots of their cards for sale ready framed and suspect that they will say you can do so too!

Robert Opie, Gloucester docks.

This company does the same sort of stuff as Mayfair cards above. They frame a lot of their own stuff, so they may expect to charge something for letting you frame them as they are very into making money.

Ken Messom.

This guy is an artist who paints pictures of cats and dogs. His prints are sold by one supplier and his greeting cards are sold by another supplier. Lots of these cards are sold to framers who sell them framed, because the artist permits this. They sell very well too!

African Connection, St Ives.

The have a large collection of very stricking prints, postcards and there's even a book which they sell to framers with the intention that they will be framed. These also sell very well too!

Since there are good deals from many postcard/greeting card printing companies for small runs, there are quite a lot of items intended primarily for framing which are produced by this method. Some can be quite a decent size!

There are lots of other companies who also publish cards for framing, perhaps others will be able to add to the list.