QUESTION
Is a calendar layout -- the numbered grid -- protected?
Asked on Nov 17th, 2011 on Intellectual Property - Pennsylvania
More details to this question:
A commercially produced, printed, and sold calendar features photographs and a unique monthly layout. Each picture has its own copyright notice, there is also one on the last page. Are the visual features of the numbered grid -- shape, relative position of the days, shading of the cells -- protected by copyright, or by design patent, and are properties of the artist; or is it to the overall layout of the publication that the copyright and other protections apply?
In practical terms, if I create a software application to dynamically generate and printing grid ( no pictures, and only 1 month can be displayed and printed at a time ) similar to the commercial product, can I pass it to a friend without fearing legal action from the artist / publisher / distributor of the original work? How different must it be to be considered a "derived work" and not a copy?
Details, company name, and screenshots are available upon request.
Thank you.
1 ANSWER
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As a general matter, the standard for copyrightability is very low. Accordingly, it is possible that the unique layout of the calendar is protected, and you will be an infringer if you copy it. "Derivative" works (note correct term) are the property of the original copyright owner, not of the person (like you) who decides to modify the original. If you would like to have formal legal advice on this subject, our office practices in this area. Almost all copyright determinations are fact-specific and you will not be able to get a categorical "yes/no" answer without engaging counsel for a review of the works in question.
Answered on Nov 18th, 2011 at 5:59 AM