QUESTION

The question pertains to copyright.

Asked on Aug 02nd, 2014 on Intellectual Property - New York
More details to this question:
Sarah, Jim's 6 year old daughter, is a very prolific, if moderately talented artist. Still, Jim loves Sarah's pictures out of parental pride and affection. Consequently he is shocked when during a visit to a greeting card store in a local mall Sarah exclaims: "Daddy, that's my picture." Sure enough, one of Sarah's pictures graces the cover of a series of cards produced by Kidsart Inc. being sold in the store. Jim believes that if anyone should be profiting from Sarah's works, it should be Sarah and her family, not Kidsart Inc. Does he have a case? No, because a child cannot own property. No, because there is insufficient skill and judgment shown in the work for there to be copyright protection in it. Yes, because as creator of the picture, Sarah owns the copyright in it. No, because a child is not a "creator" within the meaning of the Copyright Act. Yes, but in the tort of conversion, not under copyright law.
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1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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Maybe, because we don't do law school homework here.
Answered on Aug 03rd, 2014 at 2:47 PM

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