Legal Question in Intellectual Property in California

I am considering starting a new online business offering creative design services for customized letterhead, stationary, etc. There are a lot of different pictures and images online that I am inspired by and interested in using, but I want to get more specifics on the limitations surrounding what can and can't be reproducted in order to create new documents.

In line with this same question, I wonder if there are different rules pertaining to images that I find and then alter (like taking an existing image and giving it a faded look or darkening the color). Would this still be considered a reproduction of the original and subject to protection rules? Or would significant alterations make it "unique" and then safer to reproduce.


Asked on 1/24/11, 4:06 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What you are describing would be considered "derivative works" in the intellectual-property field, and are within the copyright protection of the original artists. I'm not sure how far you'd need to go in altering the original art for it to be considered your original work instead of derivative, but probably a lot farther than you have in mind (or describe in your question).

Examples of derivative works would include a screenplay produced from a novel; a translation of a textbook into Japanese; and copying bronzes into marble and vice-versa.

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Answered on 1/27/11, 4:51 pm

Bryan is correct. The real issue though is the copyright protection on the works that you're looking at. Getty Images, for example, charges a license fee based on use, and you should check out their pricing structure, as it may fit within your client's budget. You can also approach the poster of the photograph, tell them what you're doing, and ask for their permission, and I think you'll find many people would be flattered and willing to help. You'll need their written permission. As a Business Attorney, I often draft those types of agreements. Best of luck with your new venture.

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Answered on 1/28/11, 9:21 am


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