QUESTION

If something is copyrighted can I still use it in my product that I will sell?

Asked on Oct 19th, 2012 on Patents - Utah
More details to this question:
I want to use something for my product (that I will sell) but will be changing the purpose in addition to it's form.
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4 ANSWERS

Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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No.
Answered on May 21st, 2013 at 2:18 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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You will need the permission of the copyright owner before you can include it in or on your product and distribute the product. There are some exceptions to this rule. Contact a local attorney to see if you qualify.
Answered on Oct 23rd, 2012 at 2:43 PM

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As is often the case, the answer is "it depends". As a general rule copyright gives the owner a bundle of exclusive rights, *e.g.*, the right of reproduction of the work, preparation of derivative works based upon the work, distribution rights, performance rights, public display rights, digital audio transmission rights, etc., depending on the type of work that is subject to the copyright. So, without more facts about your circumstances, it is unclear whether your use of the copyrighted work would fall into one of these bundles of rights (prohibition) or if your work is so substantially changed in purpose and form as to fall outside of the original copyright protections (where you should be free to sell at your discretion). More information about your particular facts is needed to properly advise you. Consult an intellectual property attorney with more of your specific facts for a better answer.
Answered on Oct 23rd, 2012 at 2:43 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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You need to go over the specifics with an attorney. That kind of answer depends a lot on the details.
Answered on Oct 23rd, 2012 at 8:30 AM

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