Legal Question in Intellectual Property in California
Hi!
May I know in general, not just under Californian but for US copyright law at least, if I take parts of a bunch of copyrighted photos (like the image of a car from one photo, a driver from another, and a tree from yet another photo), modify/photoshop these images and splice them together to make a totally new image and then sell this 'new image', can I be sued for violating copyright of those who own the original photos?
Thank you!
3 Answers from Attorneys
What you propose is called creating a "derivative work" and yes, it is copyright infringement.
The attorney above is correct. The Copyright Act grants five rights to a copyright owner:
the right to reproduce the copyrighted work;
the right to prepare derivative works based upon the work;
the right to distribute copies of the work to the public;
the right to perform the copyrighted work publicly; and
the right to display the copyrighted work publicly.
If any of these rights are violated without consent, you may be infringing on the copyright owners rights.
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