Legal Question in Intellectual Property in California
Copyrights and fair use
There is a famouse picture from a magazine which I did a painting of. I
put the painting on my website. I am not selling it, and I am not directly
using the photo it came from. The photographer and his lawyer sent me
a letter today saying that I am in violation of his copyright. The letter
also asked me to remove the painting immediatlly from the site. I just
want to know if I really am in violation of any copyright laws.
2 Answers from Attorneys
Re: Copyrights and fair use
A painting of a photograph is a copy. If the photo is protected by copyright, then the painting is a violation of the copyright owner's rights. It is called a "derivative work". Making digital copies of the derivative work could be further violations.
Fair use may mean that one has the right to copy, depending upon the use (and no one can tell you for sure if your use is fair, except the judges deciding the case after you get sued), and/or the original work may be in the public domain.
If you think your use might be fair, or that the work is not protected by copyright, then you need to hire an attorney to give you legal advice. This site is not for legal advice - it is only for legal information.
Re: Copyrights and fair use
You have "copied" a copyright protected work, and as a result you have violated the copyright holders rights.
Related Questions & Answers
-
Distribution of Email I sent an email to a company with a complaint about its... Asked 10/13/03, 10:05 pm in United States California Intellectual Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
