Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I saw an illustration that I liked on the internet. I want…

Customer Question
I saw an illustration that...
I saw an illustration that I liked on the internet. I want to use it as the cover for a board game I am creating to sell. Can I use the picture if I change it up a little or would it still be copyright infringement?
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 2 years ago
See the image attached for more explanation.
Answered in 9 minutes by:
2/5/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,859
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot use this image as it is copyrighted. If you "change it up a bit" but any part of it is still recognizable, then it would still be infringement under what copyright law calls "derivative use" meaning you cannot take the work and make alterations to it and claim a new work without written consent from the owner of the original copyright (this is an often misunderstood concept with people thinking they can change "20%" or something like that and not be in violation). Your version is way too identical and merely changing the eyes would be considered derivative use I am afraid. So you would need consent from the copyright owner in writing to do that.
Ask Your Own Legal Question
Customer reply replied 2 years ago
I want to create a company called Tornado Studios that makes games but there is one that already exists that does the exact same thing. Can I still make my company and call it Tornado Studios?
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
No, you would be infringing on their trademarked name. So if you use their name that they are already using, they can sue to stop you since your use of their name creates a likelihood of confusion and also takes away from their company's goodwill.
Ask Your Own Legal Question
Customer reply replied 2 years ago
What if they have no trademark on the name. For example, I am creating a company called Tornado Studios that makes games. My website will be tornadostudios.org but there is another site called Tornado Studios with a website- www.tornadostudios.com that also makes games. The thing is there is no trademark filed for Tornado Studios. Can I still create the company?
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
It does not matter if they registered their trademark or not, they have what is called a "common law trademark" from using the name in commerce before you. So they still have common law trademark rights.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,859
126,859 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,859 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I hope I am in the right place. First I need to explain a
I hope I am in the right place. First I need to explain a little of my situation. I do a hobby called book folding where you take an image and with software, create a pattern so you can fold the pages… read more
Bill Attorney
Bill Attorney
law
2,805 satisfied customers
If I want to turn sports photos into canvas paintings and
if I want to turn sports photos into canvas paintings and sell them is this legal/ … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
I had questions about copyright infringement. 1. I created
I had questions about copyright infringement.1. I created newsletter PDF's containing Google images (from Google searches) and I posted them on my site. I recently deleted them all from my site, and I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
I was wondering if a complex geometrical pattern could be
Hi, I was wondering if a complex geometrical pattern could be copyrighted … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
My question is, can I use illustrations in my book from a
My question is, can I use illustrations in my book from a broadway show I saw. For example, my children saw the Broadway show Aladdin and they wrote about their experience. They drew pictures. Now I w… read more
Bill Attorney
Bill Attorney
law
2,805 satisfied customers
I did a digital painting for a present to my Dad - its a painting
I did a digital painting for a present to my Dad - it's a painting of the fighter jet he flew in the Air Force. To render it, I used a photo that I found on the internet. He liked it and I decided I w… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,029 satisfied customers
I am trying to find out to what extent I can use images that
I am trying to find out to what extent I can use images that I found online which are not mine. I will attach the images once contacted, but they are basically different types of E Card Lay outs with … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I volunteered as an event photographer for an Autism fundraising
I volunteered as an event photographer for an Autism fundraising organization. This was a public event. Adults and children were photographed at the event. As part of the fundraising efforts I also wa… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am thinking about creating a new software package for ipad
I am thinking about creating a new software package for ipad that allows a user to view a google earth photo and do a cad like drawing over top of it and generate a take off. Although there are a few … read more
socrateaser
socrateaser
1,031 satisfied customers
To ScottyMacEsq My website summarizes articles. Id like to
To ScottyMacEsq: My website summarizes articles. I'd like to include images from the source article. In what cases can I do this without first obtaining permission. Is linking back to the source artic… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
I am going to make a dating website. I plan to use a lot of
I am going to make a dating website. I plan to use a lot of celebrity pictures on the front add, may i do that without getting in trouble?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I would like to produce an art instruction DVD. I want to illustrate
I would like to produce an art instruction DVD. I want to illustrate it with pictures of Old Master paintings and drawings, to demonstrate the best practices of pictorial composition. Can I scan photo… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Here is what I do not understand. If I publish a work of fiction
Here is what I do not understand. If I publish a work of fiction nad without permission someone creates a play from the story that is clesrly derivitive or a movie or a tv esries that is CLEARLY infri… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I am interested in seeing how valuable this site is. It will
I am interested in seeing how valuable this site is. It will determine if I use this site again or tell others about it. We are wanting to write a book and have pictures drawn for a book. A similar bo… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
There was a book published in 1969 that is now out of print.
There was a book published in 1969 that is now out of print. I want to rewrite the book, updating the content and the title. I would also reillustrate the book. How do I know if it is legal to do this… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers
I am starting a blog (commercial site) about appraising/evaluating
I am starting a blog (commercial site) about appraising/evaluating jewelry. I would like to use images from the web to help illustrate topics, but not actually sell any items. In reading through the t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,859 satisfied customers
This company is using Orlando Blooms face in their ...
This company is using Orlando Bloom''s face in their game. It''s not a copy of a picture. The designers of the game designed the face to look like Orlando Bloom. Is this breaking copyright laws? Is th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,859 satisfied customers
Im an artist and I wish to paint scenes from movies.
I''m an artist and I wish to paint scenes from movies. I watch a dvd, stop it and take a picture of a scene with my digital camera then paint the picture. Is there a copywright issue here? Can I legit… read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x