I have a query if I may, please? I have managed to confuse myself utterly with this one, and am changing my mind about the copyright status on an hourly basis.
I am a big fan of Graphics Fairy (an online resource which has a library of thousands of copyright free clip art images for general use). It is based in the US, but has a worldwide fan base and membership. I have found on this site (for my current women’s suffrage project) a lovely image - a line drawing of a Victorian woman holding a sign. The text beneath the image describes it as an ‘antique trade card’, but the original advertisement/wording has been removed by the site holder to enable the user to insert his or her own message. There is also an image of the original trade card version, which is charming and appears to be the real thing.
So far so good, I think - this is perfect! However, in my vague meanderings around the web, I notice that Spoonflower (a huge US manufacturer of novelty fabric) has incorporated the exact image - with a few extra twirly floral bits and pieces - in one of their fabrics. To make matters worse (for me), they have a women’s rights message in the text space.
My question is this. Spoonflower and I would both be using the same public domain image (I’m fairly sure about this, as there is a tiny printing error in the brow of said woman which appears both in the Graphics Fairy website and the fabric), so does the manufacturer’s use of this image preclude mine? Can I still use it if I have a message unrelated to women’s rights? The image is still on the Graphics Fairy website. The date it appeared on the website isn’t recorded, though, so I don’t know whether it predates the fabric.
Would be so grateful for any help with this, please, before I drive myself to distraction. Huge thanks