Legal Question in Intellectual Property in Ohio

Re: Framing Pictures from Wall Calendars

If a work is protected by copyright, then use of part of it to create a new work (a framed picture) is creating a deriviative work. Normally, you cannot create a deriviative work without the copyright owner's permission.

However, here you bought a calendar, and if the terms of purchase (a license, if any, but not likely for a calendar to have a formal license) do not say that you can't, you are probably free to rip it apart and hang it on your wall. Copyright law has a "Fair Use" doctrine that is designed to protect the copyright owner while also protecting the consumer. You cannot copy the work and resell it, for example. See http://www.copyright.gov/circs/ ,

Circular FL102 on Fair Use. It is not completely clear what is fair use, but here is what courts would consider (clipped from the circular):

1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;

3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. the effect of the use upon the potential market for or value of the copyrighted work.

Case law often provides other limitations for particular kinds of works. For example, for software, "fair use" includes certain adaptations of software.

This is not a proper legal opinion, because I'd need to know more about what you want to do with picture and other facts around the purchase of the calendar. If the use is personal (you don't sell admission to see it, or use it in any other commercial way), and you don't copy it, then it seems like you probably pass the fair use test. The copyright owner lost no sales, and you are not profiting from the owner's work.

Is the statement on the calendar about Federal law sufficient to say "don't hang pictures from this on your wall?" That is not clear -- and, they certainly could have said that more clearly. I would think that it is probably vague enough to give you a defense as "innocent infringer," should the copyright owner get upset. If they got upset, you'd likely only get a letter to cease and desist "or we'll sue." Law suits cost money, on both sides. If you got such a letter, you might assert fair use, or just take the calendar down (and never buy from them again).

By the way, my clients depend on copyright protection to earn a living, and I certainly support copyright.

Re: Framing Pictures from Wall Calendars

Yes, you can frame it and put it on your wall. It is not much different than hanging your best Winchester shotgun over the mantle.

In view of the lengthy legal analysis given by attorney Hill, I will not repeat the fair use criteria.

There is a more practical aspect, and that is that your single use in your home will certainly not be discovered by the calendar maker and, even if discovered, will not be worth their time and effort to object, particularly in view of the fact that they might lose a customer without gaining any benefit. In fact, the artist would probably encourage such use of his work in order to make more people see it and thus interest them in buying paintings or photographs from him.

I would not lose a wink of sleep over the copyright risks of framing and hanging your calendar picture.