Legal Question in Intellectual Property in California

This is a very hard question to answer, and it will have to be determined on a case by case basis. A copyright holder has among the bundle of rights he possess, the exclusive right to create derivative works. Derivative works are works that is substantially based on the prior work's expression. How much? enough so that the average person would conclude that it had been based on or adapted from the prior work.

My best advice would be to ask for a license from the photographer and avoid the potential problem of copyright infringement. Whether you decide to obtain a license or create a new photograph, I would suggest that you consult with a copyright attorney to review the license or review the work.

Kind regards,

Jim Betinol

Partner

Withrow and Betinol Law

www.wibelaw.com

E: [email protected]

P: 424.229.2560

F: 424.258.7001

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.