Expert: Shannon Moore - 10/9/2009

Question
Hi Shannon,
I have a small internet-based business, and would like to use images on my website which are highly specialized and can't be found copyright-free. I would like to use images from a book if it would be possible to do that legally by editing them. Does the fact that I'm starting with the copyrighted image mean that any degree of editing is copyright infringement?
Thanks,
Karen

Answer
Dear Karen,

I'd suggest running your exact plans by an IP attorney. Without knowing all the details, it'll be impossible to answer fully. I can offer this info though & that should get you going in the right direction.

"Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances." See FL 102, Fair Use (http://www.copyright.gov/fls/fl102.html)

Based on your description, it doesn't sound like fair use applies in your case but again, check with an attorney to be sure. If fair use doesn't apply, you'll need to obtain permission from the copyright holder because "only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work."

Please contact me with any other questions.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com
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