What is the name of your state (only U.S. law)? Oklahoma
Is it a violation of copyright law to copy a photo from the internet, modify it in such a way so I can screen print it to a shirt. The process I use to modify the photo makes it look nothing like the original. It converts it to a single color image and the only similarity between the images is the silhouette. I tried to upload an example but apparently I can't add photos to my post.
My guess is they are copyright protected but wanted to check anyway.
Thanks..
JB
First and technically, copying a copyrighted image from the internet is in itself infringement. Copyright law protects against unauthorized copying.
Second, using any copyrighted image for a commercial venture is legally risky.
Your modification of the image could be considered a
derivative of the photograph and creating derivatives is one of the exclusive rights granted a copyright holder. A derivative is a work that is based on an original work but adds enough new creative material to it to deserve its own copyright. To create a derivative of a copyrighted work would require permission from the copyright holder.
If the original photo is used to create a
transformative work, permission may not be needed but your use of the copyrighted photograph could still spawn an infringement lawsuit. Transformative works use another's copyrighted work and alters the work in such a way that it adds new expression or imparts a new meaning or message to the original.
You might want to search the Internet for the appropriation artist "Jeff Koons," whose works have resulted in numerous copyright infringement lawsuits. He uses the copyrighted works of others to create his art.
Some of the lawsuits Koons has won (courts have found his work transformative) and other suits he has lost (his use of another's copyrighted work was found a derivative). The
Koons cases provide good discussions of copyright law and the factors considered by a court when determining infringement.
There can be a fine line between a derivative work and a transformative work, which is why many of these cases wind up in court.
