Is it safe to use copyrighted images in a collage set?

hi everyone, recently I see so many Collage Creator sets here on CM.
I love the collage technique and I am thinking about creating such a product . Many sets that I see here, includes a lot of excellent photographs. I wonder if the sellers are the copyright owners of all these photos? Do I have to create all pictures by myself?
Because if I am not the owner of the image rights and a customer purchases this set with a commercial license and creates products with these pictures , can this cause problems for me as a seller or for customers ???

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@beehousestudio If image is in commercial use then you can use as collage because modification point is covered.

You can use open source library to give retro look as it’s in Trend as well so.

But still I also want to know more about it what other Creator fellow are saying :blush:

Yes, you are right, we can use images available at open source libraries. But in the handpicked section I just saw a collage creator offering cutouts from famous paintings, like the self-portrait of van Gogh or some images from free databases like Unsplash…(Unsplash prohibits reselling)
In case of famous paintings, it is not guaranteed that someone can sell images for free (75 years after the death of the creator). Depending on where the picture was taken, the ownership (house rules) applies. For example, if the artwork is a painting hanging in a museum, it can only be photographed and published with the permission of the museum. You are not allowed to photograph paintings in the Van Gogh Museum of Amsterdam at all. I wonder about the problems caused if a customer on CM buys a commercial license and creates some products by using these Sets. If it is discovered he or… the seller…or CM is committing a copyright infringement. There are so many experts for the global enforcement of image rights, like: About Us ► COPYTRACK
@drew.coffman I would like to know if it is ok to offer such products on CM???

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@beehousestudio yes I agree and also shown on handpicked section.

In college many from other license photo like Harry Potter car etc.

And it’s good you drag focus for this kind of collection like famous paintings.

And if unsplash prohibited for resell then modified point is there because they are selling cutout not whole images so may be that point not lead copyright.

And I also seen many mockup created from unsplash images and selling other places like freepik. Even from Shutterstock images.

So have to can we use commercial images for sell after modification?

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Sadly, no one seems to be interested in this topic, it should also be in the interest of CM to give us as sellers some guidance on which images are not allowed to be sold in a collage set.

@beehousestudio Oho😊 may be wait for sometime let’s see what other seller’s thought.

@Sofydoll_Designs @ana.yvy

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I’ve always been curious about this myself. I sometimes see Procreate products that use famous paintings in their presentation and wondered if they needed a license to use them. I assume it’s OK if just being used for presentation? I honestly don’t know about using them as part of the actual, sellable product - but hope to see someone give an answer.

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@Sofydoll_Designs good point for procreate representation :+1:

Have to look for more clearity…because that preview lead to earning so it’s under commercial use.

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They are not, I dont know how they are getting away with selling those. a lot of it actually is illegal to sell as the cut outs come from deviant art, they are cut out from other peoples photos the rest o them are from unsplash which are taken at 72 dpi which is low quality they are not in the public domain, in order to sell something used from another artist you would need to change it at least 70%.

I’m actually working on a set that is derived from legal public domain images, keep a look out for that coming soon.

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You have to look up the artist work to see if its in the public domain after 150 years it is useable in works and fair use. There is a person on here selling recent artists procreate brushes and that is not allowed but thats up to creative market to police its market.

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So 150 years is the cut off, good to know…thanks!

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@photohacklovers yes indeed it is really strange to see what is offered here at Collage, I wonder about the model rights of the included portraits, for example? Does the seller owns the copyright and is he allowed to resell them?? I am not sure, but the customer purchases the license for the product/images from Creative market - then actually CM would be responsible for it?
Anyway, it’s a big issue legally, and can cost the seller or even the customer a lot of money, if a customer uses such an image commercially…

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I looked at Pixabay licensing for example https://pixabay.com/service/license/
Obviously you can’t use an image as is, and sell it on some other stock website.

I could be wrong, but it seems if you took an image that has several elements, then silhouetted each element separately (to create items for a collage set), altered each one (ie, color, add other elements, etc) then that would be ok?

Again, I’m not sure but it seems (at least on these free stock image sites) that altering them significantly is key if you’re going to use them commercially to resell.

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@Sofydoll_Designs cutout I think they consider as modification (that what in general point for commercial use)

So may be they are shown like we don’t sell whole image as it is🤔

Isn’t it!?

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Yeah, I would think a cutout of an image would be considered an alteration.

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Yes because how some png stock market approved those type!!!

Creative market logo also available in png like cutout in circle so may be that kind of edit can possible :thinking:

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cut out is not altering or modifying the image at all you are merely removing the background. To use an item that is copyrighted you have to change it at least 70%, to the point that the owner wouldnt know you used it. But none of those images are high quality they are all low res and the fect that they are being re-uploaded on to creative market for sale is just not right or legal.

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Cutting out of an image is not altering at all. Its merely removing the background. its still the same image.

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Thanks for the confirmation. I have no intention (at the moment anyway) of selling a collage creator unless I use my own pictures. Too risky IMO.

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@photohacklovers Thank you for informing.
I just wonder because at one end term is like not have to use copyright and logo as stock assets, then how they accept those!!! And those download for collage, So I thought due to cutout may be they can use.

Otherwise if risk is there in collage then why CM do marketing and handpicked that?

@Sofydoll_Designs isn’t it?