Legal Question in Intellectual Property in North Carolina
I am a photographer and am working on creating an "inspiration deck:" a deck of cards with various images/quotes on them from which I should be able to look at to conjure inspiration. Instead of just printing these out, I have opted to have a professional deck of cards made. To do so, one must upload the images to the manufacturer's website, at which point they will apply them to the cards. I wanted to know if I am allowed to use copyrighted images for this? I do not plan on selling the cards and am only making one deck for myself, but it didn't sound like that constituted "fair use." Thank you.
1 Answer from Attorneys
If this is solely for personal use and not related to any commercial activity you really don't have any worries. The commercial business helping you make these actually has the exposure under secondary liability theories like contributory infringement. It is doubtful anyone will ever know about it of course. But if you plan on using this commercially or professionally in some way the analysis changes and the damages are no longer de minimis.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
