F.A.Q. & Copyright Info

All images on this website are copyright © Nicole Falk. The use of images for commercial purposes is prohibited without having written permission and paying a licensing fee for usage. The use of images for personal & non-profit requests is subject to terms and conditions of the artist. All publishing rights are reserved solely by artist.

Art theft of any kind is damaging, but there is a second kind that is far worse--the unauthorized alteration, reproduction, or distribution of images.

When images are reproduced without permission the artist does not receive proper recognition or compensation for his or her creativity and labor.

When images are altered without the artist's permission, the artist's intentions for display are ignored. For this reason, strict laws have been designed to protect the rights of artists, and unauthorized reproduction or alteration can have grave legal and financial consequences. Often fans feel that is flattering to the artist when they embellish his or her work but, in fact, unless the artist has given permission it is both disrespectful and illegal. (Imagine how you'd feel if you'd carefully painted or decorated your home exactly as you wanted it but, sometime during the night, a stranger dropped by and made changes that they thought looked "better".) A painting is the very personal expression of one individual and it belongs to that person alone. That's why respecting the artist's wishes isn't just good etiquette, it's the law.

This page was designed to answer questions about reproduction of images. If you have additional questions, please e-mail.

Q: May I post Nicole Falk's images on my personal website?
A: No/Yes, you may only post the artist-approved banner shown on the links page.

Posting Banners:
To post the banners, you'll need to download the image and upload it to your ftp site. You may put the banner on your website, but design it so that when someone clicks on it, the banner will take them to the Nicole Falk's site.

THESE USES ARE NEVER AUTHORIZED BY NICOLE FALK:
Signatures or "siggies";
Animation;
Cross stitch patterns;
Craft or clothing projects;
Electronic or printed stationery; greeting cards or post cards;
Commercial uses: logos, product labels, or other business usages;
Illustration of stories, poems, articles or personal writing;
Games and gaming characters;
Web sets, Graphics sets, tubes; wallpaper;
Frames;
Graphics tutorials (these are particularly problematic as they encourage others to violate copyright)
Using Halloweenville images as inspiration for your own paintings.
If you're considering a usage that is not on this list, please e-mail us and request permission.

Q: When I buy artwork do I have the right to scan or copy it?
A: When you buy a piece of artwork, you purchase only the product itself. To photocopy, scan, or reprint an image you must first purchase "reproduction rights" from the artist. The warning signs you've seen posted on copy machines are an attempt by the machine owner to avoid legal liability. (They know how expensive lawsuits can be.) The signs won't protect you. If you make the copy, you can be held liable.

Q:When I see an image without a copyright warning may I safely use it?
A: Probably not. Images are protected by law the moment they are created, and this is true even of images that are not signed or marked with a copyright warning or symbol. (By the way, never assume that because someone else is using an image that it is safe. They may have acquired permission or, more likely, may be breaking the law."Everybody does it" will not be a convincing defense if you end up in court.)

Q:I would like to have a tattoo made of one of Halloweenville's images. Is this okay?
A: Yes. While we do not authorize tattoo artists to offer the images in their studios, individual fans are authorized to take prints that they have purchased to an artist for tattooing. (Please do not print images from this website.) A conscientious tattoo artist will ask if you have obtained permission, and you are welcome to show him or her a print-out of this page. Finally, if you get a tattoo, be sure to send us a photo. It's fun for us to see them!

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What is a copyright?
Copyright is the federally protect right of an owner (often the creator) of an original work to prevent others from copying the work without permission. The copyright owner has the exclusive right to allow others to copy a work for almost any purpose. Copyright is a right originating from the United States Constitution. It vests in the creator of an original work at the moment it is fixed in a tangible medium of expression. Therefore, the work does not need to be registered with the Copyright Office or sport the © symbol, to be copyrighted.

Why copyright?
The copyright is a monopoly that vests in the creator of a work for his or her life, plus 70 years as an incentive for creative people and publishers to create and to disseminate new works to enrich our culture. After the copyright expires, the work enters the public domain for all to use freely.

Can I copy the artwork if I don't sell it?
No. The copyright owner has the exclusive right to allow anyone else to copy the artwork. Even if you're making a copy for your own personal use, you must obtain permission, or a license, from the owner.

Can I ever use the artwork without permission? What is fair use?
Fair use of a copyrighted work is a legal concept allowing a person to use copyrighted work for very limited purposes such as for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. There is no specific number of words, lines, or parts of an image that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

There are four factors used to decide whether a particular use of a copyrighted work is a fair use: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. 17 U.S.C. 107.

Can I use the work as long as I name the artist?
No. The copyright owner retains the exclusive right to allow the production of even one copy. You can not make a copy of the artist¹s work unless he/she grants a license.

When will the artwork enter the public domain or be free to use?
The copyright becomes public property 70 years after the death of the author. Until that time, you must obtain a license to make any copy or derivative work.

Is copyright infringement a crime?
At the very least, copyright infringement creates civil liability for damages, lost profits, and attorney fees. It may also be a federal felony or misdemeanor, depending on the intent and the amount and value of works infringed.

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Artwork

F.A.Q. & Copyright Info