Legal Question in Intellectual Property in Illinois

Re: Photographer's rights to sell/copyright an image

There is a reasonable argument that your photograph of a popular board game would constitute "fair use" under the copyright law.

Factors to be considered in determining whether or not a particular use is fair are: the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between "fair use" and infringement is often unclear and not easily defined. The safest route is to obtain consent of the copyright holder.

Unless your work is a "derivative work," you are the creator of your own work and a copyright exists when you create the work. You may register the copyright.

David K. Staub, an Illinois business and tax attorney