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United States Copyright Law and Fair Use
We offer non-exclusive reprint rights to use our cartoons for your projects. This means that for a FEE you may use the cartoon once.
Any use of our cartoons whether for profit, non-profit, or educational use (ie: printing, presentations, email, electronic publications, posting, pinning, and sharing) of our cartoons without permission is not permitted.
Any use of our cartoons whether for profit, non-profit, or educational use (ie: printing, presentations, email, electronic publications, posting, pinning, and sharing) of our cartoons without permission is not permitted.
We do NOT provide free usage, nor creative commons usage of our cartoons. Selling the reprint usage rigths is our company's product and how we generate revenue for our family.
Use of registered copyrighted materials without permission is illegal and is subject to fines up to $150,000 plus legal fees. We register our work with the copyright office.
For more information on copyright law and usage, here are some sites that might help advise you on copyright usage and law.
Good Website for explaining Fair Use and Copyright, especially for educational use
https://www.lib.umn.edu/copyright/fairthoughts
Creative Common - (We do not provide a creative commons license, even for non-profit usage.)
https://creativecommons.org/
US Copyright Office:
http://copyright.gov/title17/
Copyright Myths
http://www.templetons.com/brad/copymyths.html
Detailed below is our interpretation of US Copyright law.
When in doubt, we recommend you consult a lawyer.
We do not consider most educational uses of our cartoons to fall under fair use.
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. (Info Taken from http://www.copyright.gov/fls/fl102.htm)
Section 107 of Copyright Law sets out four factors to be considered when determining whether or not a particular use is fair use.
1. The purpose and character of your use, including whether such use is of commercial nature or is for nonprofit educational purposes:
Not all nonprofit educational uses are fair use. A finding of fair use depends on an application of all four factors, not merely factor 1.
If you are using the cartoon for "entertainment" and has no teachable or commentary purpose, we do not believe this is the intention of fair use.
2. The nature of the copyright work.
The courts take into consideration if the work factual or artistic? The more a work tends toward artistic expression, the less likely it will be considered fair use. Obviously, a cartoon is an artistic creation.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole:
If the usage of the work is approaching 50 percent of the entire work, it is not likely to be considered a fair use of the copyrighted work. Is the particular portion used likely to adversely affect the author's economic gain? If you use the "heart" or "essence" of a work, it is less likely your use will be considered fair.
4. The effect of the use upon the potential market for or value of the copyrighted work:
The fourth factor deals with the potential harm that you would be responsible for by using our cartoons without permission and usage fees and the effect it would have on the creator's ability to earn income in a particular market.
If you download our cartoons without permission and without paying a fee, you will be diminishing the value of our cartoons and causing harm to our financial ability to sell cartoons. Selling the reprint rigths to use the cartoons is how the cartoonist makes an income to support his family.
It is our belief that if you use our cartoons without usage fees you are stealing!
For more information on the Fair Use portion of copyright law please visit the US Government's Website:http://www.copyright.gov/fls/fl102.html
If there is any doubt, it is advisable to consult an attorney.
Use of registered copyrighted materials without permission is illegal and is subject to fines up to $150,000 plus legal fees. We register our work with the copyright office.