Re: Modified work?

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Posted by M Arthur Auslander on January 06, 1999 at 04:30:46:

In Reply to: Modified work? posted by jw on January 06, 1999 at 00:49:32:

: Is it considered copyright infringement to produce a "cartoon character logo" used to promote a businesses based upon an artwork(drawing) published in a book. The cartoon character was derived and modifed from the original which was part of a whole. It is obvious however that the character was derived from the original authors artwork.

: Thanks,

: JW
The copyright protects the mode of expression. What you propose is direct infringement. There may be a proprietary interest in the character by the creator or owner including a registered or common law trademark right.Copyright is strongly enforce, with the courts very willing to enforce actual and or statutory damages at 100k per shot plus plaintiff's attorneys fees.
Elaine's Workshop has struck again.
If you have seen the movie The Spanish Prisioner, you would understand how Early legal advice is not expensive.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028,
ELAINE's Workshop: Early Legal Advice Is Not Expensive

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