Legal Question in Intellectual Property in Arizona
copyright of picture based on copyrighted design
If I create a picture using a copyrighted design diagram (e.g., a paint-by-numbers design or a needlework design chart), can I, without violating the copyright 1) post a copy of the picture on my non-commercial web site, 2) send a copy of the picture to friends for their non-commercial use? Does the copyright notice for the design chart need to be included with the picture created based on the design chart?
1 Answer from Attorneys
Re: picture based on copyrighted design
I think this is probably an infringing act, but one that is without much risk. The finished product you created is a work of art in and of itself, but it is a derivative work, being based on the design. The copyright of the design diagram vendor is to the design diagram. The question is whether you are reproducing the design. I think the picture shows the underlying design, and is an unauthorized copy. However, there is little likelihood the design owner would ever take action against you for this deminimis infringement.
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