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Art Stamp Copyright

Are Art Stamps Copyrighted?

I have a question about crafting and copyrights. Do you know if I use a stamp to paint on a tee-shirt and then sell that tee-shirt, am I violating the copyright of the company that designed the stamp?

Thank you!

Jennifer

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The short answer is yes, that would be a copyright violation.

All artwork created after 1923 (with a few exceptions) is automatically copyrighted, even if the artist does not register for copyright protection.

You need to read the terms of use or copyright information that came with your stamp. Or look it up on the company’s website.

Most rubber stamp companies license designs from the original artists and pay royalties for the right to produce and sell the stamps.

The terms of use for buyers of these stamps are very clear. They are for non-commercial use only.

However, there are some angel companies that allow you to use some of their stamps commercially. This would apply only to the stamp designs which they own rather than license.

For example, Inkadinkadoo is an angel company and welcomes requests to use its non-licensed images for resale. Their website lists the following restrictions:

• 1. Each project should be crafted by the individual and must be hand stamped;
• 2. Electronic, mechanical, or graphic reproduction (such as scanning or photocopying) is strictly prohibited;
• 3. A maximum of 100 hand-stamped items is permitted;
• 4. Credit for the stamped images and ©INKADINKADO must appear on the back of your items; and
• 5. Written permission for resale use is required.

The request process is very simple. Just send them an e-mail with your contact information, a list of the stamp(s) you wish to use commercially and description of the item(s) you plan to make, how many, and where and how the item(s) will be sold. Nice, huh?

Another option to consider is to have your own custom stamps made.

If you can’t draw the proverbial straight line, I’m sure you can find a friend to put your ideas on paper and allow you to use her drawing(s) commercially.

I’m not a copyright lawyer, so if you have BIG business plans beyond the scope of my answer, be sure to consult one before you proceed.

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