Expert: Shannon Moore - 10/13/2007

Question
My wife purchased a calendar of paintings. She recycles the calendar pages, incorporating them into her mosaic artwork. The image can be seen beneath clear glass. If she sells her mosaic artwork, are there any restrictions related to the original copyrighted work from the calendars? The calendar was bought and paid for, does that mean we have the right to reuse it in any way we want?
Thanks!
Nate

Answer
Dear Nate,

I'd strongly recommend contacting a copyright attorney to be on the safe side.

Here's some information about this subject:

"If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained."

http://www.copyright.gov/help/faq/faq-fairuse.html#sued Link to above quote

"Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works...gives the owner of copyright the exclusive right to do and to authorize others to do the following:

   * To reproduce the work in copies or phonorecords;
   * To prepare derivative works based upon the work..."

http://www.copyright.gov/circs/circ1.html#wci Link to above quote

Hope that helps!

Sincerely,
Shannon Moore
http://www.tmexpress.com
http://tmexpress.blogspot.com