2006 State Fair Exhibits FAQ

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Prepared by Mitchell Hoyer
4-H Youth Development Program Coordinator

Each year brings a new set of questions from 4-H members, families, and extension staff. Here are some questions from previous years we thought would also be useful for 4-H members, families, and exhibit judges. If you have an exhibit question, contact your local extension office or send your questions to me at mhoyer@iastate.edu.

Copyright (General)

Q. A 4-H member has used a recipe from Family Fun magazine to make garden soap. Does she need to include the article or just the reference ?

A. You didn't say in what class or what type of exhibit the recipe is used. Assuming this is part of a larger exhibit, or if the recipe is displayed on a poster, simply giving credit to the source is fine. The member should include the name of magazine, issue, and page number. The member should be prepared to answer questions related to child safety and soap.

Q. Can computer generated clip art (from a web site such as Clip Art Gallery ) be printed out and used on the 4H Poster exhibits? The 4H member did not actually create the design.

A. Yes, if the terms of use and licenses allow it. You need to look at the copyright or permission statements that accompany those images or galleries. The specific gallery referenced in the question allows for images to be used for personal, non-commercial uses once you register with their web site. Others may state "all rights reserved", and give no permission. Some may allow for personal, non-commercial, home use. (Don't bring that to the fair). Others will allow for use of images on other web pages but not for print. It all depends on the specific source and what they say. LOTS of free clip art sites abound. Just key " Clip Art Gallery " into your favorite search engine and see how many sites come up. Then start looking. Some will give permission, some will restrict. Members should print out and include the permission statement/terms of use for the site (or software) from which they obtain images. That's their responsibility. If we can't see or don't have the permission statement, then we can't allow the use of the images.

Q. A member made copies of several family photos for use in a Historical/Family Heritage exhibit. Is copyright permission needed for the photos?

A. This question is similar to the one asked about drawing a copy of old photos. (See Visual Arts and Copyright) For photos taken by family members, no permission needed. For photos taken by commercial photographers, permission may be needed.

Q. I have a 4-H'er who would like to put together a 3-ring binder on asthma. She is asthmatic and would like to get more information out there to other kids on the different types of asthma, etc. She has collected different brochures and informational sheets that have been given to her throughout the years at clinics, classes, etc. Can she put these materials in the binder? What are the copyright issues that we would have to deal with? I was thinking even just a poster on asthma would work but I know she would really like to do the binder.

A. No copyright issues at all - as long as she includes the actual items she received (brochures, sheets, etc.).She is simply collecting materials and information, and then organizing them into an informational exhibit. We would have potential problems if she were making copies of these materials and then putting them together. I would suggest she include the source or where she obtained the materials (to the extent possible) on items included. Knowing how some classes and clinics work, it is possible, maybe even likely, the 4-H member received a brochure or other information that may have been copied and distributed in violation of copyright restrictions. The member should include that material and indicate where she received it. If such material indicates the original source (book, etc), I'd also encourage the member to attempt to locate the original source and obtain a legitimate copy. She still might want to prepare a poster/notebook combination. The poster could call attention to the topic and address one of the key issues in a visible manner with the notebook providing supplemental information.

Q. If a machinery business is no longer in operation, can you use their insignia? If not, how would you begin to know who to contact for permission?

A. The question didn't indicate how the member wants to use the logo, so for purposes of this answer, we will assume it is a use that requires permission. No, generally use is not allowed without permission. Just because a business may no longer operate, copyrights, trademarks, patents, etc. do not cease to exist.

The member had better start researching the company history. Was it sold or merged? Most likely the new owner or new company holds the rights to items from the company that was purchased. Rights to use trademarks, etc. may have been acquired by a third party. There is no simple answer. The U.S. Trademark and Patent Office may also be of some help. If there truly is no succeeding entity to ask, then the member should document the efforts made to prove this.

Q. I had a parent call this morning. Her son who just finished 6th grade is making a foot scraper, somehow involving a disc blade. I'm not sure if he's mounting it on the blade or what exactly, but he wants to paint a yellow deer (as in John Deere) on it. Is this a copyright violation? I suggested he just paint Bambi !

A. Yes, he needs permission from John Deere to paint their logo on the scraper. He can write to Deere & Co. and attempt to secure permission. I'd suggest he simply purchase a John Deere decal from a local dealer and apply it. Or, perhaps they sell a stencil with the deer logo. In either case, he's purchasing a product and using as intended.

NO! Do not have him “just paint Bambi! Bambi is licensed by Disney and not only copyrighted, but heavily and aggressively protected.

Q. Can a 4-H member use actual products (ex. cereal boxes) in a fair exhibit without violating copyright laws?

A. Use of actual items in a 4-H fair exhibit is permissible. No copying or reproduction is involved, and no permission is needed to include examples of actual commercial products. We would caution members that when using such items in an exhibit, that the exhibit is accurate and the product was used or compared as intended by the manufacturer. The member should also consider whether or not the use of identifiable products is needed to accomplish or demonstrate the exhibit goals.

For example, if the goal was to compare taste or cost of a boxed mix to a homemade mix, is it necessary to include the specific brand information? Maybe, maybe not. The comparison could also be made by listing the products as Homemade, Popular Brand A, Popular Brand B, Store Brand Z. If brand names are identified as part of the exhibit, extra care should be taken to be sure the comparison is as accurate as possible and to account for experimental variables.

Q. I received a call from a 4-H'er who would like to make a chair out of old Gatorade® bottles. He was wondering if this would break any copyright laws?

A. From the standpoint of using the Gatorade® bottles, no. The labels on the bottles could be left on or off. My recollection of most of these bottles, regardless of size, is they usually have a paper/plastic label. Given that he will want to (should want to) wash the bottles before transforming them into a chair, it might be just as easy to take the labels off during washing. However, if he wants them on for color or something, it would not be a copyright or trademark infringement.

Use of the bottles (with labels) is potentially a trademark issue. As long as he does not intend to market the chair (we wouldn't allow that within the context of a 4-H exhibit) and thereby profit from the Gatorade® brand name, trademark use should not be a concern.

Any copyright infringement would depend on the source of his idea for making the chair. Since this is a "functional" item, (a useable chair), he has somewhat greater flexibility to create or adapt something he has seen elsewhere. This is one of those "it depends" issues, and I'd need a little more background on the inspiration of the idea for the chair (unless it was truly original) to give a more complete answer.

Q. A 4-He'r is making a purse out of the juice pouches (I think she said the Cool-Aide Jammers pouches). Does this present a copyright violation? They saw something similar at another fair, but just want to be safe.

A. I've had several questions about these "purses", plus assorted variations on other items made from products (including Gatorade bottles and cereal box purses). I suspect this will be one of the "in" things this year. No copyright problem. If there is a potential issue, it would be a trademark or possibly a patent issue. These will be OK for our fair exhibitions. See the June 4 Q&A on a table made from Gatorade bottles for more details.

Q. A member downloaded music from the Internet to use with her fair exhibit on music styles. Can she do this?

A. It depends on whether she downloaded the music legally or illegally. The certainly are many ways to obtain music legally from commercial sites (e.g. Apple iTunes, eMusic, RealPlayer) either for a fee or sometimes at no charge. However, there continues to be ample opportunity to illegally acquire music from the Internet. The member should be able to document the source of the music and that it was acquired legally. Once legally obtained, she may mix and match to create a “compilation” CD for her personal use. Since the CD will not be played (other than by the judge for evaluation), the CD can be part of the 4-H exhibit.

Q. Do authors really respond to 4-H members? Is it even possible for members to obtain permission to use or adapt materials created by someone else?

A. Given enough time, original authors sometimes do respond to 4-H member requests to use materials. Just this week a member wrote to an author, described what she had done, and asked permission to display material the member had written in the style of, and based on, an author's work. The author responded with a brief statement “This is fine. Have fun.” You don't know until you ask. But you need to ask.

Q. One of our members created a woodcarving based on a figurine. They asked if exhibiting the woodcarving in Home Improvement (Accessories for the Home) instead of Visual Arts (Technique Exploration) would avoid copyright issues. Is this true?

A. No. Copyright is as much of an issue in Home Improvement as in Visual Arts or any other exhibit class. While the evaluation criteria for the exhibit would be somewhat different, the requirement to show the source of design and inspiration do not change. The woodcarving in this example is still a derivative work that requires permission of the original sculptor (or copyright holder) to create in a new form. See the Q&A in the July 2 FOCUS for a more complete discussion of copyright related to derivative pieces.

Q. If someone wanted to decorate an object to look like a flag is that OK or do they need to get permission due to copyright?

A. The United States flag is not copyrighted. Yes, someone can decorate an object to "look like a flag". You can even make your own flag as long as it is constructed in accordance with the required specifications. But be careful. There are laws and regulations covering the use of the U.S. flag. You can find an answer to a related question in the “Visual Arts” section about reproducing a colonial flag. The response lists several web sites relating to laws, regulations, and customs about the use of the U.S. flag. My advice to the member would be decorate in a flag motif - red, white, blue, stars, stripes - but don't make it look like an actual flag.

Q. One of our 4-H'ers bought John Deere fabric. She special ordered it from the local John Deere dealer. She cut pieces of the fabric, applied the pieces to a chair, and used a decoupage finish. Is this OK or is this a copyright violation?

A. She's just fine. She purchased the fabric and is using large enough pieces that the emblems and pattern of the fabric are readily visible. This is similar to cutting fabric apart for clothing or other sewn items. The difference is the member is using somewhat smaller pieces of fabric and a different design technique. However, she is still using the fabric in an acceptable manner. Enjoy the chair.

Q. I made a Powerpoint presentation for my grandparents' 50th wedding anniversary and want to exhibit the presentation at my county fair. I would like permission to use portions of several songs in the presentation. What do I need to do?

A. This use is “probably OK”. We would use the rationale this was being created for a “family” gathering, which is typically allowed under personal uses. The presentation (with music) will be viewed only during evaluation, and the entire presentation will not be available to be viewed by the general public. What do you need to do to obtain permission? Ask the appropriate licensing agencies for permission to use the music.

The member who asked this question actually took the effort to write ASCAP (American Society of Composers, Authors, and Publishers), a music licensing organization, and asked them his question. The member also explained this was for 4-H work and would be exhibited at the county fair. ASCAP did respond to the member. Their response was (in part) “Thank you for your email. If your work is not going to be reproduced or sold for profit you do not have to obtain clearance. If the circumstances change you would need to seek permission for each song being used from the publishers. You can obtain publisher information from the Harry Fox Agency.”

Be careful - be very careful - about attempting to extend this “permission” too far. This still does not allow for duplication, even if the copies are given away. And it does not extend to public showings where admission may be charged to view the multimedia piece that was created. This is a somewhat limited permission statement, and was given in response to a specific question. It is best to deal with similar questions on a case by case basis. Just as this member did, it is always best to ask permission.

Q. A 4-H member made a red and gold pillow with “ISU” sewn on. Is this allowed to be exhibited?

Q. One of our 4-H members made an original drawing that used “ISU with red and gold lines. Can he exhibit this at the fair?

A. Yes, the use of "ISU" in an exhibit as described above could be allowed. The Iowa State University Trademark Policy can be found at http://www.trademark.iastate.edu/policy/tm-management.pdf . That policy, and specifically item 3.B.(1)a., says (in part) that: licensing is required for all non-University users except when the use : (emphasis added) is by an artist in an original work of art which will not be reproduced.

It's reasonable to interpret the above statement as allowing a 4-H member to use and display ISU marks in their 4-H fair exhibits. It is still a good idea if a member wants to go beyond using the letters “ISU” in a design (for example, drawing "Cy" or the athletic logo), to ask permission. I have seen several letters of permission from the ISU Research Foundation granting the use of various ISU marks, logos, and emblems in 4-H exhibits. Go Cyclones!

Q. One of our 4-H members is making a show box and wants to paint the Iowa Hawkeyes emblem on it. She wants to know if this acceptable to exhibit?

A. I'm not sure we should approve anything that has to do with Hawkeyes! However, if the 4-H member is unable to see the light and convert to the Cyclone faithful, and insists on using an emblem from the dark side, they need permission. The U of Iowa does claim the team names and logos as trademarks. While the U of Iowa tends to be more generous and liberal with their licensing policies than some universities, permission is still needed before painting the logo on the showbox. Applying a purchased decal would not require permission.

My experience has been when kids write and ask, universities very rarely say no to something like this. She has time before the fair. Have them ask. Contact info for U of Iowa sports can be found at http://hawkeyesports.collegesports.com/licensing/iowa-licensing.html

Q. One of our 4-H members downloaded lyrics from the Internet for a Kenny Chesney song. Then she screened the lyrics on a piece of muslin and framed it. She wants to exhibit it at our fair. Are there copyright concerns with this?

A. Yes, there are copyright concerns. Publicly available does not mean public domain or acceptable to use. This is a nice thing to do if the only place it will ever be seen is on the wall of the 4-H member's home. It is not a good thing to do for public display. It's easy to find song lyrics. Every song lyric website I looked at clearly said (in some manner) that all lyrics were provided for educational or personal use and that all lyrics are property of the author, writer, publisher, or artist. The websites do not have authority to grant others permission to use the lyrics. Educational and personal uses in this case do not extend to the item you described. Her exhibit would not be permitted to include the lyrics without permission from the proper copyright owners.

You didn't say what exhibit class(es) the member is considering. I'm guessing this perhaps has something to do with visual arts technique (printing on fabric?), perhaps home improvement? If the purpose is to demonstrate the technique and skills involved and what the member learned, they can demonstrate this using material that it is not copyrighted. Or write the copyright holder(s) of the lyrics and ask permission. The can find the copyright holder(s) to the lyrics by looking at the information contained on the CD liner jacket.

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