Using copyrighted material

[P.C.]

I bare my ignorance to all.  [img style="CURSOR: pointer" onclick=url(this.src); src="http://www.cheesebuerger.de/images/smilie/frech/c025.gif" border=0]

What steps do I need to take to use a copyrighted image.  I'm looking to make tags to put on some things I have made, and have chosen an image that is copyrighted.

  What do I do, or am I SOL ?  

[kitten]

Unless you can get permission in writing from the copyright holder, you are indeed SOL.  I think you will be better off to design a new one, P.C.  Sorry, but a lawsuit can be expensive.

[P.C.]

I understand that it's a no no.....(which is about all I understand) but I have had no experience in this........obtaining permission, and was wondering how to go about it.

[kitten]

Is there a way to learn the identity of the holder?  Where the person or company is based, that sort of thing?  Is it a Canadian or American company?  I think you would have to apply directly to them, stating your purpose for this name, and asking permission to use it if it doesn't conflict with what they are selling.  I've heard that some will give permission provided you give them a percentage of total sales, but I'm not too sure about that.  The best thing would be to consult a lawyer.  No matter how you look at it, it is likely to cost money.

[Sportsdude]

what exactly are you using it for?  

[P.C.]

   Yes....it is an illustration by Brian Froud.  He lives in England, and has no email addy.....ummmm....because he has no email.....lol

  The Green Lady

      [/DIV]

[kitten]

It's beautiful!  I don't think there would be trouble since your project is in an entirely different category.  But is it possible to alter the design a little just to make sure?  Is this artist shown in any gallery?  They would know where to locate him.

[P.C.]

I think altering the design would be the ultimate no no.

[Sportsdude]

what are you using that cool image for?  

[kitten]

I'd have to agree.  It's perfect the way it is.  Where did you see this painting?  

[P.C.]

Oh yes Kitten....his work has been around for a looooong time, and it's everywhere. (I have loved his work since I can remember)  

[kitten]

Is he still alive?  Could it be an issue with the inheritors if he isn't?

[Sportsdude]

according to his wiki page he still alive (born in '47) and lives in Devon with his wife Wendy.

[a href="http://en.wikipedia.org/wiki/Brian_Froud"]http://en.wikipedia.org/wiki/Brian_Froud[/a]
 

[P.C.]

I used to get my kids every Brian Froud book that ever there was.  My fave is a tall pop-up book called Goblins.  

  It's a secret project SD......lol, but it's for some environmentally friendly products that I am working on.....I have a buyer, but I want a tag on them telling where they were made and out of what and by who [img style="CURSOR: pointer" onclick=url(this.src); src="http://www.cheesebuerger.de/images/more/bigs/c018.gif" border=0] etc.  

[kitten]

Would it say in the front of the book who his publisher is?  You could contact them with a message to pass on to him.