Bad Monkey

Original Paintings

Mermaid Gifts

Alice Gifts

Fairy Gifts

Delamare Books

Artist Biography

Company Mascot

General Information

Newsletter

Home Page

DELAMARE COPYRIGHT GUIDELINES
(Answers to frequently asked image usage questions)

Most people would never steal a painting from an artist. But there is a second kind of art theft that is far more damaging--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 David Delamare images. If you have additional questions, please e-mail us.

Q: May I post David Delamare images on my personal website?
A: Sadly, due to the high number of violations of our past copyright policies, we can no longer allow individuals to post David Delamare artwork on their personal websites. You may however, post any of the banners shown below as long as by clicking on them, they lead to this site. We will add additional banners in the future, so please bookmark this page and check back. (If you'd like to suggest a certain kind of banner, don't hesitate to e-mail us at delamare@teleport.com..

Posting Banners:

To post the banners below, you'll need to download the image (save by right-clicking on your mouse) 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 specified page on David Delamare's site.

Fairy Banner


If you use this fairy banner, please make sure that it leads visitors to www.daviddelamare.com/fairies.html


Caravan Banner


If you use this caravan banner, please make sure that it leads visitors to www.daviddelamare.com


Mermaid Banner


If you use this mermaid banner, please make sure that it leads visitors to www.daviddelamare.com/mermaids.html


ABOUT TATTOOS

While we do not authorize tattoo artists to offer David's images in their studios, individual fans are authorized to take legal prints to a tattoo studio for tattooing. (Please do not ever print images from this website. If you admire the artwork, show your appreciation by purchasing a legal print.) 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 along with an authorized print. If you'd like to see images of tattoos based upon David Delamare artwork, visit

page and click on the tattoo album. If you'd like to be included, just send us the requested information.

A FEW IMPORTANT LEGAL GUIDELINES:

1. Do not under any circumstances scan or copy Delamare products for any purpose. And do not take Delamare images from the Internet. Any image taken from another source and posted online will be considered an illegal copyright violation.

2. Images and titles belong to an artist and may not be altered in any way without their permission. In other words, do not either add to or subtract from an image (even with the use of a simple frame, border, or animation). We know it is tempting to remove the copyright warning, add your own artistic touches, or invent your own titles but please respect the artist's creative intentions and do not make changes. (Sorry, this means absolutely no avatars, animation, stationery, signatures, signature tags, siggies, tubes, tutorials, graphics sets, web sets, wallpaper, snow globes, electronic greeting cards etc.) Image alteration creates confusion, because Delamare fans are unsure which part of the image was created by the artist and which part was created by someone else. (Incidentally, there is a popular myth that if you alter an image by a certain percentage it is "new" and no longer protected by law. This is untrue.)

3: You absolutely may not post Delamare images on public image exchange web sites such as "Photobucket" "Flikr" "Cafe Press" "Deviant Art" "web shots" or postcard sites. (This is about the worst thing you can do to harm an artist.) We know it seems like a good idea to share great images, but in fact it is a nightmare for the artists involved. Images posted on public image-sharing sites are widely distributed, lose their copyright warnings and information. If we find them, we will remove them.

4: Do not post Delamare images on any sort of business website unless you are an authorized retailer of Delamare products.

5: Never use Delamare images as a business logo or to illustrate your own creative writing or correspondence. This implies an endorsement by the artist of the business or the writing and is therefore unnaceptable.

TO REITERATE THESE USES ARE ALWAYS ILLEGAL:
Signatures, signatures, or "siggies";
Animation;
Slideshows (unless created by Bad Monkey Productions);
Cross stitch patterns;
Craft or clothing projects (except by Last Hope Lagoon);
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 Delamare images as inspiration for your own paintings, sculptures, dolls or other creations.
If you're considering a usage that is not on this list, please e-mail us and request permission.

FREQUENTLY ASKED COPYRIGHT QUESTIONS:

Q: When I buy artwork do I have the right to scan or copy it?
A: No. 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. Some artists are willing to give or sell these rights. Occasionally David Delamare sells limited use of an image for a product (such as a greeting card, book, or print) but this is rare. 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:I was thinking about combining Delamare cards or prints with other creative touches to make new items, like maybe journals, clothing, or craft items. Isn't this alright since I paid for the product I'm using?
A: We know this sounds reasonable, but such craft projects are copyright infringements. The legal name for them is "derivative works." Such projects rob the artist of the right to choose how his or her work is represented to the public. (You might like the idea, but the artist might not want his artwork used for cross stitch patterns or on clothing.) Also, unauthorized products rob the artist or his or her fair royalties. (For instance, when a greeting card of an artist's work is sold, the artist typically makes a ten or fifteen cent royalty, but when a journal is sold, the artist might make ten times as much. So if you made a journal using a card and sold it, the artist would only earn the card royalty.) Finally, unauthorized products compete with legal products, further endangering the artist's hard-earned livelihood. If you have a great product idea, always contact the artist and secure written permission. This protects both the artist and you. Important note: it makes no difference whether you are making the item for yourself or for sale to others. Any change of the artist's intent without permission is wrong. It's really only common sense--if the artist creates an image, he or she has the right to choose how it is used.

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 don't want to be sued. Where can I get copyright "safe" images for my personal or business use?
A:You might try an internet search for companies offering "clip art" or "stock photos". Many simple paintings and photographic images are available for little cost or even for free. But, take care that the company is the true copyright owner and has the right to give you permission. Don't ever trust a site that gives a copyright disclaimer--what they're really saying is that if you use the image, you're responsible for the consequences. Sites that allow the public to upload images (such as Web Shots) are never copyright safe because many of the images are altered or mismarked as "anonymous" or "copyright free".

Before using, printing, or reproducing an image for a product, craft project, or logo always determine who the original artist was and contact them or the current copyright owner. Next, make sure you secure a signed legal document from them stating that they are the sole copyright owner of the image and that they grant you legal permission to use it. If you can't acquire the document, don't use the image.

Another option is to choose very old images. If an image is old enough, it's often "in the public domain". In simple terms, the artist is long dead and copyright is now free to everyone. You may have noticed that certain old images get published by multiple companies--that's generally because the companies don't have to ask for permission or pay a fee for usage. But, again, make sure you do your homework. Look into the law (try a web search under "public domain") and, of course, make sure you're not using a new image that only looks old.

Q:What should I do if I see an unauthorized product bearing a David Delamare image?
A: Gather as much information as possible without raising the suspicions of the seller. Ebay item number or seller's name & address along with a product description are the most important. Do not under any circumstances confront the seller. It is possible that the person is not aware that they are selling a pirated item in which case you will unnecessarily upset them. If they are deliberately breaking the law, by confronting them you may endanger yourself or damage any potential investigation. If you are the first person to report the infringing seller to us, we will give you a $25 credit for use on our website.

The following companies are authorized to create Delamare products:
Note that some of these items are sold in stores and catalogs.
Bad Monkey Productions: prints, cards, and posters
The Porcelain Garden: porcelain lights, lamps, shadow boxes, and tiles.
Schmidt Spiele: jigsaw puzzles (in Europe, starting Fall 2011).
407/creations, inc.: tile murals and accent tiles.
The Last Hope Lagoon: assorted gifts shown at Zazzle.com.
Various book publishers: books only. (Full list on "books" page.)

If you locate a product bearing a David Delamare image that was not created by one of these companies, it is most likely pirated. Please report it to us immediately at delamare@teleport.com.

The following companies are no longer authorized to use Delamare images:

Milk & Honey: greeting (now discontinued.)
The Queen's Cards: greeting cards (discontinued.)
Discovery Galleries: limited edition prints (now discontinued)
(Note: the artist signed only a very small portion of each of the Discovery editions before severing this business relationship. We can not, therefore, vouch for the authenticity of prints produced by this publisher.)

At Bad Monkey we license only high quality products with reputable manufactures. And we refuse to sell our prints and cards to discount chain stores, preferring instead to support small businesses who share our commitment to quality. Please call us at 1-888-666-5399 if you'd like to find (or recommend) a store in your community.

If you'd like to recommend a high-quality gift item or an ethical company that produces the sort of products you can imagine passing on to your grandchildren; we'd sincerely love to hear your ideas. In the meantime, we hope that you'll enjoy the careful attention to quality you'll find in the products presented on this website.

Thanks for your support!
Wendy Ice
President, Bad Monkey Productions

To read an article by an attorney about copyright click here.