Using copyrighted works in Collages, a question for the copyright experts
I posted the question on my forum, but you can answer it here.

The way I understood this is, if you don't make a profit, there's such a rule as fair use, but still, best to leave this question to the experts for which I am not.

so you can't try to sell your collages?
That sucks...

Depends on if your source images are copyright or not. Have to be careful with this one, Tran. If you use copyright free or images where you pay license use to use, you would be scott free to do what you like with your result. Regardless, again, I would wait to get input from those who actually know the law; I'm just overly cautious when it comes to this subject.

I guess i'll have to limit myself to public domain images then.
Too bad I really want to include things like "Mario" or "Megaman" as part of the collage.

I tried to read the "Fair Use" and it's so confusing...they said something like it as even if a work is non-profit it doesn't guarantee it from copyright infringement, and even if a work is sold for hundreds of dollars it doesn't guarantee that it is copyright infringement..and other examples and definitions I get so freakn lost.

To be reasonably safe I often use the google images - 'labeled to be reused with modification' A search found under 'usage rights' I still don't know if you can use them though to sell.
Sounds like their fair game but probably best to ask.

Just checked.

The "labeled for commercial reuse" lets you use the image commercially. The "reuse with modification" option grants you the ability to alter the image. A Google help page describes the various licensing and usage options. Google has offered usage rights filtering for images since 2009.

This has always been a very touchy subject because what really counts as infringement is very borderline.
Make Marios hat a different color and there you go.

Plus it depends on local law and practice. But essentially it's a ratio of borrowed art to final art. A criteria is whether you art would be essentially different if you had borrowed something else. Putting a frame around a well known picture and calling it your own isn't the same as making a drawing of a room with that picture fixed on the wall.

thanks guys.
Sallyanne, where do you check the "labelled for commercial" off when searching for images?

EDIT: found it in advanced search! This option is sweet, as I can avoid having to ask for permissions from large companies that might take weeks to reply to me. That's what i did yesterday, I contacted McDonalds, Nintendo, Capcom, Mars Chocolate..and no reply yet today.

Thanks ofnuts, that makes me more confident because i would never just want to put a frame around one unless it's public domain. I really want to make them components of the whole collage.
I'll also search using User rights: "Free to use, share or modify, even commercially" to be on the safe side as well.

Click on tools and the bottom row will show.
You will find a few things in there.

Keep in mind that names are brands, and registered as well as trademarked Logos, so you can't toss them in under those naming conventions, without having a license and permission to do so. So, no "Super Mario Collages" or "NFL Collages". You will need to change how you label them unless you want to stir the lawyer pot. For example, Disney fiercely protects their brand, name, and any character used commercially. Probably the most litigious company in the US. And understand that Fair Use does not mean you can royalty free excise images and resell them without consequences. Fair use implies using images as an "example" in say, a review or report. Not for taking the image and making money off of it. Consult with your local lawyer before you open yourself up to potential litigation. Meaning, this place (GIMP Chat) is not the proper place to be seeking legal advice.

I check for images under "Free to use, share or modify, even commercially"
and I also check the rights making sure it's CC0 public domain that allows reuse commercially as well.
Sometimes the search does show some images that doesn't state user rights at all so whenever i am unsure i don't use it.