QUESTION
May I alter a copyrighted pattern in order to be able to sell the product? Or do I have to get permission to alter the pattern?
Asked on Nov 14th, 2011 on Intellectual Property - Ohio
More details to this question:
I purchased a cloth diaper pattern where the lady says her pattern is copyrighted and I may not sell diapers made from her pattern unless I purchase licensing from her. If I make an alteration to this pattern, do I have to get permission from her?
1 ANSWER
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Under the Copyright laws, a "derivative work" is a work based upon one or more preexisting works. Copyright protection extends to derivative works. Any "alteration" must only be inspired by the original work and should not be substantially similar to that work.
This information should not be considered legal advice for your specific circumstances and are offered only as general information on the topic of your question. This should not be relied upon as legal advice and Sills Cummis and Gross does not represent you until you have signed a retainer letter from us.
Philip Braginsky - Sills Cummis and Gross
http://www.sillscummis.com/practice/practice_group.asp?id=28
Answered on Nov 17th, 2011 at 12:45 PM