Legal Question in Intellectual Property in Georgia

I'm researching copyright laws for a school project, and I have a question about copying visual art (such as photos or drawings) that are copyrighted. If I were to make a freehand drawing of a copyrighted image and didn't sell it, would that be okay? Does it matter if I use the same medium/same colors in my version?


Asked on 4/21/10, 1:18 pm

1 Answer from Attorneys

Edmund Burke Edmund B Burke, Attorney at Law

It sounds like you would be "making a copy" which is an exclusive right of the copyright owner. You might be making a "derivative work" also, if you use different colors etc. but the right to make such works is also a right of the copyright owner, just as is making a "copy"

The fact that you don't sell it (and maybe are doing it for educational purposes) may weigh in favor of its being a "fair use" but that is a very complicated determination.

Just because you are making a non-commercial use, however, does not automatically immunize you from infringement under the "fair use" doctrine. It may be a factor but that is all. You may want to study up on the "Fair Use" doctrine in copyright law, which will turn up a lot of hits if you google for "fair use copyright."

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Answered on 4/26/10, 1:27 pm


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