Legal Question in Intellectual Property in Massachusetts

How much of an original ( trade marked image) can I change, for it to be called my own?

In other words, I want to reproduce a few famous images in my own style. How much do I have to change so I wont have to worry about copyright and trademark laws.


Asked on 7/16/10, 8:22 pm

1 Answer from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Likely you are sailing into stormy waters here. If the image is sufficiently creative to qualify for copyright, then any alteration from the original is an infringement of the exclusive right to create derivative works (absent a "fair use" exception like parody); such a work is never truly your own. If the image is also a trademark, then you have an additional host of issues depending upon how you intend to use the mark after you have re-styled it. Overall, you are contemplating risky activity but if you want specific advice you can contact me directly.

Best wishes,

LDWG

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Answered on 7/21/10, 3:48 am


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