New Year’s resolutions are so yesterday…
Now, most of us use vision boards to set our goals and intentions for the year. Like a collage, a vision board is a tangible, visual representation of a person’s goals and intentions, made out of pictures and words reflecting what a person wants to attract or manifest in various areas of life. And, they’re a great excuse to party (how many vision board-themed party invitations did you get this January?!).
Because collages are created out of other works, like magazine clippings, photographs, quotes, and other creative content (and our inner nerds come out even at a vision board party), we started thinking… how does IP law impact our vision boards? We knew someone else out there might be thinking the same thing, so we’re sharing a few points on the subject.
And after all the scissors and glue sticks are packed away and the vision boards are placed prominently inside our closet doors (or under our beds), these tips can be handy for creatives who make collages, compilations, and other transformative works for a living.
Works in the public domain can be freely used.
Works not protected by copyright laws are in the public domain and can be freely used. Several websites and directories offer “stock,” “public domain,” or “copyright free” images. Because the public owns works in the public domain, no permission or royalties are required to use the images. Creative work can fall into the public domain in one of many ways:
- An expired copyright.
- A copyright that was not properly renewed.
- The creator intentionally dedicated the work to the public domain.
- Copyright law does not protect the type of work (i.e., facts).
It can be hard to tell whether a work is in the public domain or not, because the legal requirements to obtain and maintain copyright protection differ depending on the type of work and year protection was sought. When in doubt, especially if you are considering selling your collage or compilation, it’s best to contact an attorney early in your creative process who can confirm the status of the work.
Protected works + fair use.
Vision boards are technically compilations. They contain a unique selection and arrangement of images, phrases, and words that were pulled from pre-existing works. Those pre-existing works may be protected by copyright (i.e., Vogue magazine’s September 2018 Beyoncé spread) or trademark (i.e., Nike’s “Just Do It” slogan), which means a vision board could infringe on someone’s IP rights.
But, there’s good news…
The fair use clause of copyright law allows copyright protected material to be used, without having to get permission, for a limited and “transformative” purpose. For compilations, if your vision board includes the September 2018 Vogue cover, Nike’s “Just Do It” slogan, a bunch of pictures of weddings and babies, and is labeled “family goals,” it’s likely that you are engaged in a transformative fair use and don’t need permission to use those pre-existing works.
A word of caution & how we can help.
Vision boards are by definition personal and generally not shared beyond a close circle of family and friends. But, if one of your goals for 2019 is to create a coffee table book compiling photographs that you’ve taken of other artwork, or you’re a painter who recreates iconic photos as paintings, we should talk. The fair use exception is pretty complicated and it’s better to have an understanding of whether it applies to your work early on, to reduce the risk of facing a cease and desist letter or worse, litigation by someone claiming copyright or trademark infringement.
If your 2019 goals include finally turning your creative works into profitable assets, submit an intake form here. We’d love to help you #levelup in 2019.