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People are sometimes confused by "terms of use" and "copyright law". These are very different. Designs (patterns, photos, etc.) automatically fall under copyright law and that law does not waiver. It is a United States law that can be upheld in court. It can also be upheld in other countries. There are currently over 100 countries that have signed treaties in which they agree to extend reciprocal copyright protection with the United States.

Every person who creates works of art in various forms is automatically protected by copyright law. Every person also has the right to create their own "terms of use" for each of their creations, which will explain how their designs are allowed to be used.  For Susan Kelley's TERMS OF USE please click here.

Projects (designs) found in decorative painting magazines, books, pattern packets, etc. are intended for hand-painting (painting by hand with a brush and paint... NOT digital painting with PhotoShop and other software) unless otherwise stated by the artist in their 'terms of use'.  Most artists and copyright holders allow for the recreation of their works that they have published for your enjoyment.  As a general rule, this means that the designs you see in publications, and the designs that you purchase from most artists, are intended for you to hand paint for fun or for personal profit. When in doubt, ask the artist or publication.  Most designers now have websites where you can contact them directly, or you can always contact the magazine or book publication to ask specific questions.  We thank you for your support!

Many copyrighted designs are now being "redrawn" or "tubed" as graphic images without permission. As a general rule of law, recreation or distribution of a design that is not your original artwork is against the law unless you have permission from the artist or a licensing agreement. Recreating a design in PhotoShop, Paint Shop Pro, or other graphic software does not mean it is your original design.  Unless permission is granted by the individual artist, no one is allowed to recreate 'digital tole painted' graphics or mouse-drawn graphics. This is not considered painting, it is considered graphic design.  It is illegal to download, upload, redraw or scan designs to your computer without permission from the original artist or copyright owner.

ANY DIGITAL PRODUCT PURCHASED FROM SUSAN KELLEY CANNOT BE RESOLD.

DIRECTLY FROM THE LIBRARY OF CONGRESS
    
United States Copyright Office

U.S. COPYRIGHT LAW


What is copyright infringement?
    As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

How much do I have to change in order to claim copyright in someone else's work?
    Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.

Is it legal to download works from *peer-to-peer networks and if not, what is the penalty for doing so?
    Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150, 000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
    Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.


What is *peer-to-peer (P2P) networking?

    A type of network where computers communicate directly with each other, rather than through a central server. Often referred to simply as peer-to-peer, or abbreviated P2P, a type of network in which each workstation has equivalent capabilities and responsibilities in contrast to client/server architectures, in which some computers are dedicated to serving the other computers. A "network" is a group of two or more computer systems linked together by various methods.
     In recent usage, peer-to-peer has come to describe applications in which users can use the Internet to exchange files with each other directly or through a mediating server.

Somebody infringed my copyright. What can I do?
    A party may seek to protect his or her copyrights against unauthorized use by filing a civil lawsuit in federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.

I've heard about a "poor man's copyright." What is it?
    The practice of sending a copy of your own work to yourself is sometimes called a "poor man's copyright." There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.



For more information:  https://www.copyright.gov/