Copyright question

[princess buttercup]

I know that the subject of copyright has been done to death here, but I did a search and didn't find the exact info I'm looking for. Is it copyright infringement if I:

Use part of the background of an ad in a collage? For example, say that there is an ocean in the background and I want to use a small part of it. The ocean was not created by the photographer, so is it his creative property? How about a background that is not something found in nature, like a photograph set in a home with interesting wallpaper. Could I tear off a bit of the wallpaper background and use that? What about using actual wallpaper in a collage design?

Also... I've been looking for interesting beads to decorate hairsticks (possibly for sale at some point.) In searching Ebay for handmade beads, sometimes I'll see a pair of artisan-designed earrings or a bracelet that I'd love to take apart and make hairsticks out of. Is this an infringement? I know that people incorporate old jewelry parts into new designs and collage all the time, but I'm not sure if it's the same thing as buying a new original design with the intent of taking it apart and reusing the elements.

I know that when making jewelry out of another artist's handmade beads I should give credit to the artist, but do I have to have their permission?

Thanks for any help you can give.

[joaillerie]

hi ...i asked that same question about re-assembling signed costume jewelry into my design pieces and the answer i got was it becomes an original new work or design after you tear the thing apart. i breathed a sigh f relief. like you...i trawl ebay for elements in my work. i have used handcrafted lampwork beads also but the artist does not retain the copyright unless they state that fact before you buy. its becomes just an element you use in your personal work.
best wishes.

[lisilk]

You may want to ask this question in the " art business" forum. I'm not sure about reassembling the bead work but you might want to be careful with photo's. No the photographer didn't create the ocean but he may have copyrighted the photo that he created. There is a post somewhere on this page or the second page of this forum that lists some copy right free websites with photo's for public use.

This seems to be the never ending debate among collage artists. Good luck.

Li

[lisilk]

Here are some sites that Jerseybarb shared

http://ancestorarchive.com/photoalbum.htm

httm://gimp-savvy.com/photo-archive/

httm://www.dfrc.nasa.gov/gallery/photo/

[sassybird]

I am moving this to the legal corner in art business. You will get more responses there.