Legal Question in Intellectual Property in Missouri

I saw a picture of a speech therapy popsicle stick game online, made it myself using the general idea of it, and posted the do it yourself on a blog. The company has asked me to remove it as copyright infringement... Is it copyright infringement to produce something similar but not exactly the same?


Asked on 2/04/12, 6:46 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

It very well may be copyright infringement for you to create your game. Copyright infringement exists if your work is "substantially similar" -- not identical -- to the copyrighted work and if they have a valid copyright to infringe. However, without specific information, I can't even guess whether your game actually infringes the copyright complained of.

Note that the plaintiff's recovery for winning a copyright infringement lawsuit can run into the hundreds of thousands of dollars, regardless of any profit you might make with your knock-off, plus the court can require you to pay not only your own attorney's fees (in the $tens of thousands) but also the plaintiff's attorney's fees (more $tens of thousands).

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Read more
Answered on 2/04/12, 1:37 pm


Related Questions & Answers

More Intellectual Property questions and answers in Missouri