Old music concert ticket stubs turned into prints?

'Is it legal', 'can I do this' type questions and discussions.
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davetherave
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Old music concert ticket stubs turned into prints?

Post by davetherave »

I have a number of deep boxed square picture frames at home that were intended for a specific purpose but never used and I'm wanting to find a way I can place something original into them that also constitutes as artwork.

I've seen concert tickets stubs used on the likes of coasters, wall prints etc. Some have literally taken the original ticket, whilst others have completely altered the ticket.

The idea I had was using old stubs of concerts between the 60s and 70s. Let's say David Bowie performing at a venue in the USA, or Jimmy Hendrix performing at a specific venue for example. The idea I had in mind was to make the stub appear 3d so it would be raised from the back of the picture fame. It would also contain a large tear across from top to bottom of page giving it the appearance it was an old torn ticket ripped in almost half. By doing this you would only see half the Information and half the band so instead of David Bowie, it might read 'David Bow'...or 'Jimmy Hen' instead of Jimmy hendrix.

From the stubs I wanted to use all are in an old style stamped typeface. There are no specific designs or logos anywhere, just wording in a basic stamped typeface. The main details on such stubs are the venue, the date, the band and the promoters name. Some of these promoters are still around today whilst others don't appear to be just by m doing some Google searches.

From the forums I've visited regarding old tickets nobody has come up with a definitive yes or no answer and the general consensus appears to say that such generic tickets are informative items and not considered works of art as there is nor branding or logos attributed to the band.

Can anybody clarify if usage could be allowed given the way I intend to present them, with a tear running down on one side? These are also intended to be enlarged versions of stubs where they will be completely reworked uskngg my fonts.

I look forward to seeing any replies.
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AndyJ
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Re: Old music concert ticket stubs turned into prints?

Post by AndyJ »

Hi Dave

Practically speaking I don't think you need to worry about copyright here. As you indicate, the tickets are not literary works because the information printed on them is entirely factual; since they do not appear to have any artistic content they would not qualify as arttistic works. At most they might just qualify for a reduced level of protection as a typographical layout (see section 8 of the Copyright Designs and Patents Act 1988). However I think even that is a pretty dubious basis for a claim and as that protection only lasts for 25 years, it will not apply to any tickets from before 1997. But more to the point, I don't think any concert promoter is going to be in the slighest bit interested in pursuing a claim over old ticket stubs.
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davetherave
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Re: Old music concert ticket stubs turned into prints?

Post by davetherave »

Hi Andy,

Many thanks for that reply, it was very helpful. Do you think it would be best to keep to using English stubs of events that occurred here in the UK during years mentioned, or could I use any events in the USA from the same year's, as wasn't sure if they may have different laws?

Also the main stubs I wanted to use from the UK seem to include one main promoter whom still is in existence today. All the stubs feature his full name. Whilst your reply suggests the information is factual is it still OK to actually include information such as a person's full name?
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AndyJ
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Re: Old music concert ticket stubs turned into prints?

Post by AndyJ »

Hi Dave,

First all I don't think you need to worry about whether the promoter and or the concert was in the UK or USA. The law is largely the same in both jurisdictions, except that the US doesn't have the typographical layout provision I mentioned previously, and the fair use doctrine in the USA would be more favourable to your projectbecause your art works would be classed as transformational and causing no economic damage to the original works (ie the ticket stubs).

And the promoter's name gets no special protection as it is, as you say, a fact. Also there will be no implications under trade mark law in re-using his name, even assuming the name is a registered mark, since it cannot be argued that a member of the public might be confused that you are selling tickets to an event being promoted by the individual concerned.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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