Legal Question in Intellectual Property in California
copyright infrigement?
I am a university student contemplating to start-up a software company. I want to download images (free of charge) from the internet, insert them into my software and sell my software. My main question arises to the legality of obtaining and using these images. Based on the US Copyright Law 1976 I understand that on one hand I may be infringing this law since I do not create or original produce these images. On the other hand since these are generic images of computer hardwares I may be exempt of any lawsuit since this same law states that �images depicting Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration are exempt of any copyright protection�. If I will infringe the law can you please tell me what my options are to legally obtain and use generic images of computer hardwar, e.g. purchase royalty-free images.
2 Answers from Attorneys
Re: copyright infrigement?
If you wish to use specific images, and those images have not been put in the public domain, then it very well may constitute copyright infringement if you do not obtain the copyright owner's consent. You can always try to obtain a license to use the images.
Alternatively, you can obtain free images from a public domain databank, or create your own images.
Please bear in mind, however, that if the images show a particular brand of computer hardware, questions arise about copyright and trademark infringement.
This is a complicated area, and you need the assistance of a competent intellectual property attrorney.
Re: copyright infrigement?
You want to use a photo of a toaster, or of the Brooklyn Bridge. Take the photo yourself, it's yours (although in this day and age you might get arrested for taking photos of the Brooklyn Bridge). Use someone else's photo of a toaster, or of the Brooklyn Bridge, and it's copyright infringement. Take the photos yourself, buy some, get permission, or sweat the risk.
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