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Copyright and Image Use Guidelines
Melissa has made a list of frequently asked questions regarding copyright and image usage.
If you don't find the answer to what you are asking below, please contact us for more info.
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Melissa's Art on Book Covers |
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"I am the best-selling author of This Time I Dance! Creating the Work You Love." I wanted an image on my cover that expressed freedom, abandon, and the redemption of the creative life. Melissa Harris' image was a soul token that captured everything living your calling felt like. I really didn't even need to write the book. That image intoned the message. I have no doubt people bought my book because of the cover."
Melissa allows her work to be used by non-profits at minimal fees and for-profits at different rates according to the number of images used and what the images are used for. Please contact us either by email or phone if your question is not answered below.
We take copyright issues very seriously. When images are reproduced without permission the artist does not receive proper recognition or compensation for his or her creativity and labor.
When images are altered without the artist's permission, the artist's intentions for display are ignored. For this reason, strict laws have been designed to protect the rights of artists, and unauthorized reproduction or alteration can have grave legal and financial consequences. Often fans feel that is flattering to the artist when they embellish his or her work but, in fact, unless the artist has given permission it is both disrespectful and illegal. (Imagine how you'd feel if you'd carefully painted or decorated your home exactly as you wanted it but, sometime during the night, a stranger dropped by and made changes that they thought looked "better".) A painting is the very personal expression of one individual and it belongs to that person alone. That's why respecting the artist's wishes isn't just good etiquette, it's the law.
Q: May I post Melissa Harris images on my personal website?
A: Yes! You may either post the artist-approved banner shown here or post images from the website. If you use images from my site I require that you place a link to my site directly where the image is posted.
You will need to state clearly my name. For example: "art by Melissa Harris" along with the link.
I would also request that a link be placed to my site on your links section preferably using the banner that I created for this purpose. If you post images from the rest of our website you must follow all of the guidelines below.
Posting Banners:
To post the banner on my links page you'll need to download the image (save by left-clicking on your mouse) and upload it to your ftp site.
Posting Other Images:
At this time Melissa grants permission to post her images on personal web pages, as long as all of the guidelines below are followed. Remember to state clearly that the art is by Melissa Harris right alongside the image.
1. Images must be downloaded directly from www.melissaharris.com/creatrix and uploaded to your website. No image can be shown larger than a maximum of 3" in any direction unless you agree to use the larger version with the copyright watermark on it.
2. Do not under any circumstances scan or copy Melissa Harris products for any purpose. And do not take Harris images from any source other than this website. Any image taken from another source will be considered an illegal copyright violation.
3. Images and titles may not be altered in any way. In other words, do not either add to or subtract from an image (even with the use of a simple frame, border, or animation). We know it is tempting to remove the copyright warning, add your own artistic touches, or invent your own titles but please respect the artist's creative intentions and do not make changes. (Sorry, this means absolutely no stationery, signatures, tubes, tutorials, graphics sets, web sets, wallpaper, snow globes, electronic greeting cards etc.) Image alteration creates confusion, because fans are unsure which part of the image was created by the artist and which part was created by someone else. (Incidentally, there is a popular myth that if you alter an image by a certain percentage it is "new" and no longer protected by law. This is untrue.)
4. Any posted Melissa Harris image must serve as a direct link to this website. Again, link all images to http://www.melissaharris.com.html. (If someone clicks on the image to download it, they should instead arrive on that page.) If you know how to "right-click disable" the image, we also ask that you do so. Also, each image must be accompanied by its correct title and the following message "This image used by permission of Melissa Harris. For copyright restrictions, please visit melissaharris.com".
5: Unless you obtain our written permission, you may post no more than three Melissa Harris images on your personal web site at any time.
6: Do not post Melissa Harris images on public image exchange web sites such as "web shots" or postcard sites. It seems like a good idea to share great images, but in fact it creates many problems for the artist. Images posted on public image-sharing sites tend to be widely distributed and often lose their copyright warnings and information.
7: Do not post Melissa Harris images on any sort of business website unless you are an authorized retailer of Melissa Harris products.
8. Do NOT use Melissa Harris images on any of the below without written permission.
- Logos, brochures, business cards
- Illustration of stories, poems, articles or personal writing
- Games and gaming characters
- Web sets, Graphics sets, tubes, wallpaper
- Frames
- Graphics tutorials (these are particularly problematic as they encourage others to violate copyright)
- Using Melissa Harris images as inspiration for your own paintings.
If you're considering a usage that is not on this list, please e-mail us and request permission.
Q: When I buy artwork do I have the right to scan or copy it?
A: No. When you buy a piece of artwork, you purchase only the product itself. To photocopy, scan, or reprint an image you must first purchase "reproduction rights" from the artist. Some artists are willing to give or sell these rights. Occasionally Melissa sells limited use of an image for a product (such as a greeting card, book, or print) but this is rare. The warning signs you've seen posted on copy machines are an attempt by the machine owner to avoid legal liability. (They know how expensive lawsuits can be.) The signs won't protect you. If you make the copy, you can be held liable.
Q: I was thinking about combining Melissa Harris cards or prints with other creative touches to make new items, like maybe journals, clothing, or craft items. Isn't this alright since I paid for the product I'm using?
A: We know this sounds reasonable, but such craft projects are copyright infringements. The legal name for them is "derivative works." Such projects rob the artist of the right to choose how his or her work is represented to the public. (You might like the idea, but the artist might not want his artwork used for cross stitch patterns or on clothing.) Also, unauthorized products rob the artist or his or her fair royalties. (For instance, when a greeting card of an artist's work is sold, the artist typically makes a ten or fifteen cent royalty, but when a journal is sold, the artist might make ten times as much. So if you made a journal using a card and sold it, the artist would only earn the card royalty.) Finally, unauthorized products compete with legal products, further endangering the artist's hard-earned livelihood. If you have a great product idea, always contact the artist and secure written permission. This protects both the artist and you. Important note: it makes no difference whether you are making the item for yourself or for sale to others. Any change of the artist's intent without permission is wrong. It's really only common sense--if the artist creates an image, he or she has the right to choose how it is used.
Q: When I see an image without a copyright warning may I safely use it?
A: Probably not. Images are protected by law the moment they are created, and this is true even of images that are not signed or marked with a copyright warning or symbol. (By the way, never assume that because someone else is using an image that it is safe. They may have acquired permission or, more likely, may be breaking the law. "Everybody does it" will not be a convincing defense if you end up in court.)
Q: I don't want to be sued. Where can I get copyright "safe" images for my personal or business use?
A:You might try an internet search for companies offering "clip art" or "stock photos". Many simple paintings and photographic images are available for little cost or even for free. But, take care that the company is the true copyright owner and has the right to give you permission. Don't ever trust a site that gives a copyright disclaimer--what they're really saying is that if you use the image, you're responsible for the consequences. Sites that allow the public to upload images (such as Web Shots) are never copyright safe because many of the images are altered or mismarked as "anonymous" or "copyright free".
Before using, printing, or reproducing an image for a product, craft project, or logo always determine who the original artist was and contact them or the current copyright owner. Next, make sure you secure a signed legal document from them stating that they are the sole copyright owner of the image and that they grant you legal permission to use it. If you can't acquire the document, don't use the image.
Another option is to choose very old images. If an image is old enough, it's often "in the public domain". In simple terms, the artist is long dead and copyright is now free to everyone. You may have noticed that certain old images get published by multiple companies--that's generally because the companies don't have to ask for permission or pay a fee for usage. But, again, make sure you do your homework. Look into the law (try a web search under "public domain") and, of course, make sure you're not using a new image that only looks old.
Q: I would like to have a tattoo made of one of Melissa's images. Is this okay?
A: Yes. While we do not authorize tattoo artists to offer Melissa's images in their studios, individual fans are authorized to take legal prints to an artist for tattooing. (Please do not ever print images from this website. If you admire the artwork, show your appreciation by purchasing a legal print.) A conscientious tattoo artist will ask if you have obtained permission, and you are welcome to show him or her a print-out of this page. Finally, if you get a tattoo, be sure to send us a photo. It's fun for us to see them!
Q: What should I do if I see an unauthorized product bearing a Melissa Harris image?
A: Gather as much information as possible without raising the suspicions of the seller. Ebay item number or seller's name & address along with a product description are the most important. Do not under any circumstances confront the seller. It is possible that the person is not aware that they are selling a pirated item in which case you will unnecessarily upset them. If they are deliberately breaking the law, by confronting them you may endanger yourself or damage any potential investigation. If you are the first person to report the infringing seller to us, we will ship two free prints of your choice (up to a $50 value).
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