Legal Question in Technology Law in Florida

Copyright

I have a guy who has been bothering me about copyrights when I do graphic design.

What are my rights when choosing an image for my subject, if it's not clip art or is not clearly stated that the photograph is copyrighted, is it legal for me to alter that image significantly and not be in violation of copyright laws if I choose to use the image I create based off the picture in something I sell, such as a t shirt? Thanks in advance.


Asked on 4/15/09, 5:06 am

2 Answers from Attorneys

Lesly Longa Longa Law P.A.

Re: Copyright

I would need more specific details about who this "guy" is, where you get your images from, and other facts in order to address this issue. I suggest you visit the website of the Copyright Office or consult with an attorney directly for more information. All the best.

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Answered on 4/15/09, 11:36 am
Bradford Patrick Chamberlin Patrick PA

Re: Copyright

The answer today is that there is no conclusive answer. I suggest you read up on the Shepard Fairy Obama HOPE poster controversy and lawsuit which is the case and fact pattern you describe. You can solve the problem of how to allocate copyright risk by contract to a large extent. A lot depends on your clients. Feel free to follow up with me directly.

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Answered on 4/15/09, 8:29 pm


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