Legal Question in Technology Law in California

Hello, I am a 15 year old app developer and would like to get an answer for this question before proceeding into dev. of my app.

I found a flow chart for computer repair online

ex:(http://www.fixingmycomputer.com/images/boot-flowchart.gif)

Basically, i found a flowchart similar to this one (much larger), but it is copyrighted.

I want to make an app where it will ask a question from the flowchart, you answer yes/no, and proceed until the end.

If I was to use the information from a copyrighted flowchart (I will rewrite it all in my own words), and create an app with it, is that copyright infringement? So I will be using the order/information from the copyrighted chart but rephrase it in my own words.


Asked on 10/20/13, 8:22 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

The test under copyright law is called "substantial similarity." While there are some objective elements, it is really a rather subjective review.

No one can really answer your question here without the latitude to analyze everything. I would not just use it if you have any concerns about your use. If you are commenting on the chart itself it is possible that your use may be considered "fair use" but this gets complicated and is only a defense.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed

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Answered on 10/21/13, 7:26 am


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