Legal Question in Intellectual Property in Massachusetts

I am a graphite artist and will be illustrating sports heroes that are nationally recognised in their sport.My illustration will be based on others photos.I will combine different parts of different photos,cropped,enlarged and rendered dramatically for maximum impact.I want to produce LITHOS,POSTERS,LIMITED EDITION PRINTS and sell the original illustration that is signed by the sports figure.

My question is this a derivative work of art or a new work of art based on it being rendered in graphite

and by new composition.WHO'S copyright is it and is it copyright infringement?

I need an answer as soon as possible because a lot of money may be riding on your advice.

THANKS!!!

STEVE


Asked on 1/18/10, 6:40 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

It could be a derivative work. It could also be a new work. If this is so important that a lot of money is riding on it, you need some in-person, specific, attorney-client privileged advice from a real live attorney. This is not the type of advice which should be obtained over the internet. We give legal information here, not advice on how to run a business or how to not get sued in specific situations. That would be professionally impermissible to any State's Bar Assn. Please see an IP attorney near you before proceeding.

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Answered on 1/24/10, 6:01 am


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