Legal Question in Business Law in Michigan

Re: Copyright

Copyright protection arises automatically when an original work of authorship is fixed in a tangible medium of expression. Registration with the Copyright Office is optional (but you have to register before you file an infringement suit).

The use of copyright notice is optional for works distributed after March 1, 1989.A copyright owner has certain exclusive rights in the copyrighted work, some that are pertinent to your question include:

Reproduction Right. The reproduction right is the right to copy, duplicate, transcribe, or imitate the work in fixed form.

Modification Right. The modification right (also known as the derivative works right) is the right to modify the work to create a new work. A new work that is based on a preexisting work is known as a "derivative work."

Distribution Right. The distribution right is the right to distribute copies of the work to the public by sale, rental, lease, or lending.

Public Display Right. The public display right is the right to show a copy of the work directly or by means of a film, slide, or television image at a public place or to transmit it to the public. In the case of an audiovisual work, showing the work's images considered "display."

Infringement

Anyone who violates any of the exclusive rights of a copyright owner is an infringer.

In your case you took a picture of the billboard designe by someone else which is automatically copyrighted, would like to altered the image by making it smaller, and sell the altered version of the billboard to consumers. If you use the billboar designer's photograph without permission, you will have infringed Billboard designer's copyright by violating the reproduction right (photographing the billboard), the modification right (turning the billboard design into a photograph or poster), and the distribution right (selling the altered billboard).

A copyright owner can recover actual or, in some cases, statutory damages from an infringer. The federal district courts have the power to issue injunctions (orders) to prevent or restrain copyright infringement and to order the impoundment and destruction of infringing copies.

You can get a licensing agreement with the creator of the billboard. Usually there is a fee associated with getting a license. It would probably be best if you contacted an attorney to help you arrange the license.