Legal Question in Intellectual Property in Missouri

I saw a picture of a speech therapy popsicle stick game online, made it myself using the general idea of it, and posted the do it yourself on a blog. The company has asked me to remove it as copyright infringement... Is it copyright infringement to produce something similar but not exactly the same?

Asked on 2/04/12, 6:46 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC
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It very well may be copyright infringement for you to create your game. Copyright infringement exists if your work is "substantially similar" -- not identical -- to the copyrighted work and if they have a valid copyright to infringe. However, without specific information, I can't even guess whether your game actually infringes the copyright complained of.

Note that the plaintiff's recovery for winning a copyright infringement lawsuit can run into the hundreds of thousands of dollars, regardless of any profit you might make with your knock-off, plus the court can require you to pay not only your own attorney's fees (in the $tens of thousands) but also the plaintiff's attorney's fees (more $tens of thousands).

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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2/04/12, 1:37 pm

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