Legal Question in Intellectual Property in Illinois

copyright/trademark

I just asked about the logo, I used the wrong word. Basically its a wall graphic design that you can buy online, our library would like to put it on a tshirt. We were wondering how much we should change it in photoshop. Thank you!!


Asked on 4/21/09, 11:18 am

3 Answers from Attorneys

Laura McFarland-Taylor Law Office of Laura McFarland-Taylor

Re: copyright/trademark

You need to contact the owner of the design and ask their permission.

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Answered on 4/21/09, 11:23 am
John Lee John D. Lee and Associates, LLC

Re: copyright/trademark

Enough to avoid confusion by changing the color, style, form or adding something unique. Do you need a lawyer? This answer does not constitue legal advice because you are not as yet my client.

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Answered on 4/21/09, 11:27 am
David K. Staub Staub Anderson LLC

Re: copyright/trademark

No one can really answer this question without seeing the graphic. The basic answer is that if your work is a "derivative" work of the original, then the original copyright owner has rights that are being infringed by your work.

A rule of thumb like "10%" is simply impossible to apply (an ultimately just wrong). Changing the color or simply modifying a few lines or areas will almost never be enough.

The best advice is to simply license the original work if that is possible and otherwise just come up with a completely different graphic.

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Answered on 4/21/09, 11:59 am


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