Legal Question in Intellectual Property in Illinois

Re: Using images in craft projects?

From the standpoint of basic copyright law, you are probably OK since you are not reproducing the work and it does not sound as if your craft item would be a "derivative work" (although that is a possibility).

However, Section 106A of the Copyright Act gives the certain authors rigths "to attribution and integrity." It is possible that your use could violate that provision, depending upon the nature of the original work and what you do with it.

Finally, I would caution you that copyright law is not the only thing you need to be worried about. For example, your local sports team owns a copyright in its logo but also has trademark rights (either due to federal registration or state common law). Using a decal of the logo may not violate copyright law but the decal could very likely be used in a manner that violates the team's trademark rights.

David K. Staub, Illinois business attorney

Re: Using images in craft projects?

No. Merely purchasing a copy of something does not give you the right to then make copies of it for sale or distribution. One of the exclusive rights afforded a copyright holder is the right to make copies of their work, or the right to keep others from making copies. This is the essence of copyright law.

In order for you to legally go ahead with your idea, you will need to contact the copyright owner of the photograpg, explain to them your idea, and request a copyright license for copying and distribution.

DS