Does anyone know how Collage Art and Commercial Use work?
Take this picture from The Glove Album, Blue Sunshine (attached); I think it is safe to say they did not get permission to use all those clippings, though I am sure man y of the photos are copyrighted. How do clippings or collage work of both personal, commissioned and random internet findings work at a collaboration of mixed media, without anyone infringing on the rights of others?
I once read a while back, that as long as the art consists on 30% or less of the whole work (or 30% or more effect adjustment), that the commercial work is considered legit. But I do not know how accurate that legalization was. Mainly, I am making a game that consists of my own work, commissioned work and artistic findings on internet searches (much like the CD cover attached). Is work like that okay for commercial use when making your own game or do I seriously have to find out each and every picture taken to get Commercial License to use?
Any info on this would be great.
I found this article - not sure if this answers the question:
Wow, that was fairly informative, thanks!
Yeah, it kind of answered a lot actually...and kinda-sorta good, on my part. The works of mine is "transformative", though both border and backgrounda in the collage are added works, much of it has been sectionalized or changed in effect. The main focus to the cards are the Characters I am using for the game, which is commissioned art from someone off fiverr. So, yeah, I guess it did answer the questions I was looking for. Seems it's legit.
Here's a few pictures, just to give an idea:
I noticed this post and I'd like to weigh in. The music industry is notorious for copyright issues, btw. 99.9% of the time, the use of any copyrighted content for commercial purposes without consent is copyright infringement (that number might even be rounded down). Any resource telling you that a certain percentage of the work is acceptable or that a degree of transformative value makes it fair use would be misleading, as each infringement is judged on a case by case basis. Anyone trying to give you a recipe for fair use is being misleading. On the off chance that someone has done the exact same thing, gone to court, and it was found to be fair use, there's still no gaurantee that will play out the same way for you.
You are 100% in jeopardy 100% of the time you use copyrighted content for commercial purposes without consent. When in doubt, it's always best to attempt to get a license or looked for content with a commercial license. As an added note, please condsider that actual fair use legislation does not discuss "trasnformative" use or derivative work at all, and the only mention of derivative work in all of copyright law is as an *exclusive* right of the *copyright holder*. Again, it's never a good idea to use copyrighted content for commercial purposes with consent. It opens you up to the possibility of legistation, but it also attempts to exploit others existing work for your own success, which is not something you want a reputation for.
Having seen the images, I'm guessing it's the character illustration that's in question. Fivver seems to have a multi-tier payment system, with commercial use offered only at the highest tier. If you didn't pay the premium for commercial use, that should be all the information you need, but I would gaurantee the changes you've made don't qualify as fair use. The only way to know for sure is to get sued and not lose.
I guess I can't edit it after I submit the post, but there are some typos:
"...get a license or *look* for content with a commercial license."
"Again, it's never a good idea to use copyrighted content for commercial purposes *without* consent."