Card Pens

[Harry]

I've been thinking about making cardistry style pens for a while, but I'm not sure how I stand with copyright issues. I know people have been making these for a while now and wondered if there are any payments to be made to the artist/designer? I would be looking to sell them.

 

[fortress]

Hello Harry,
I’m not at all sure, but I would have thought if there is no signature or trade mark of any kind, then it can be copied or used. What is it you are looking at?

 

[Harry]

Hi John,

I am interested in the Bicycle brand of playing cards as there are some great designs on many of them. The Ann Stokes designs are especially appealing, but I could be on thin ice there.

 

[fortress]

I see what you mean now Harry, some really lovely artistry there. I think the Ann Stokes would be a no no, as for the Bicycle cards, I would not know. You could always do a couple and keep them.

 

[Pierre]

Basically as I remember my copyright laws as we had to employ them in marketing way back when the MOD was selling Agency products, if you are going to use copyrighted designs for a financial gain then you have to include the copyright owner in a licence fee payment as well as getting their permission to use the design/picture/article see here P-13: Obtaining permission to use copyright material :: The UK Copyright Service . Some of this is also related to branding, ie if a copyright owner has a brand linked to that material then they have the right to ensure that their brand is not compromised. IE you wont get permission from coca cola or Pepsi without them having a cast iron guarantee that you wont in any shape or form cause them a negative issue so basically the answer is no from them.

There is a possibility that the amount that you will make will be to them so small as to not be worth a licence fee and given that a pen doesn't represent the start of anything immoral or illegal a simple letter to them asking permission to use their card may result in a yes and no fee. Try sending them a free example, it could be the start of a big project. If you dont ask you dont get.

 

[Harry]

Hi Pierre,

Thanks for your thoughts on this and the info. It has given me food for thought.

 

[Penpal]

Delicate determination in all walks of life ,so many innocent people have been ruined by legal determinations. From my observation better to have a cast iron yes, court action can come when you least expect or can afford.


Peter.

 

[Pierre]

I had a bit of a think about your dilemma last night and it came to me this evening, many years ago I used to make use of Free graphics for some publicity stuff I wanted to do so I did a bit of a search, so here are some ideas but nowhere near exhaustive and there is nothing to stop you asking google for free to use graphics/designs/cartoons/pictures :

here are but a few Free Design Elements Vectors, 120,000+ Images in AI, EPS format
- Commercial Use Vector Graphics for Everyone | VEXELS
- Download Free Vectors, Clipart Graphics, Vector Art & Design Templates
- Where to Find Free Vector Images for Commercial Use? | GraphicMama
- 500+ Artwork Pictures [HD] | Download Free Images on Unsplash
- https://mixkit.co/free-stock-art/
- https://www.freeart.com/

And the list goes on and on, somewhere in there there must be a few card like designs that would suit your needs just ask for 'free ' and then the version of artwork that you want.


OR and this is a big OR there is a lovely lady called Leatherlass whom you may have noted does lovely artwork on this forum, why not ask her what her fees are who knows you could end up in a lovely pen partnership Watch out for her Hubby though he's also on the forum and I'm told hes a 10 foot wrestler!! :wink:

 

[Harry]

Many thanks for this Pierre, you have kickstarted me into looking in another direction for graphics! I contacted The United States Playing Card Company, who makes the Bicycle cards, outlining what I had in mind and they replied quickly with a very short message, which basically said,"NO". It does make me wonder about a well known US pen supplies dealer who stocks a wide range of pen blanks made with playing cards... I will say no more!

Thanks again,
Harry

 

[flexi]

I have and do buy card blanks from both the US and OZ.....they use real cards they have purchased, cut up and mounted. I know through speaking with some that they believe they have bought the cards, they are theirs to do as they wish with......others think I'll only do a few and fly low on the radar.....I don't know which way is correct

 

[Pierre]

I have and do buy card blanks from both the US and OZ.....they use real cards they have purchased, cut up and mounted. I know through speaking with some that they believe they have bought the cards, they are theirs to do as they wish with......others think I'll only do a few and fly low on the radar.....I don't know which way is correct

Having studied it and having been advised by lawyers on it, it the answer is simple .....'If you use someone else's design to make money then you have to get their approval and subject to their agreement you may have to pay them 'royalties/licence fees'' and in all countries in the world 'Ignorance of the law is no excuse'. Sometimes proving that a design is owned can be difficult.