Discussion:
I am interested in expanding my small home business which consists of creating fiberoptic art products into an area that brings into question copyright infringement concerns. I would like to enhance existing copyrighted pieces of art such as prints and posters with fiberoptic lighting and then resell them. I would purchase the pieces of art on a retail/wholesale basis, therefore paying for every piece of copyrighted property. Am I infringing on a copyright by enhancing them and reselling them? I have reviewed Title 17 and draw different conclusions about whether it is infringement or not each time I read it. Section 109 essentially says that the copyright owner's rights under section 106(3) cease with respect to a particular copy once he has parted with ownership of it, which is my strongest self argument that I would not be infringing. Please give me your opinion of this matter.
Answer:
I am not a lawyer, but from what I understand, once you purchase something physical, even an artwork, it's yours to resell as you see fit, including changing it.
I'm not sure whether you can consider the new work your own copyright, but as long as you are purchasing the actual artwork from a legal reseller of the copyright, or from a place getting them in a legal chain of distributing the copyright (I.E. it's an authorized piece of work), then modify them, I don't see much of a problem.
Above all, you should still consult a lawyer in your area with IP knowledge before doing anything, if you're still unsure.
Answer:
LOL. I'm no lawyer either, but I had a girlfriend who was a graphic design major back in my college days. It is actually considered a form of art to take someone else's work and make significant changes to it. For example, one bozo took the Mna Lisa and changed it a bit and put it on a post card type background. They called him a genius. Go figure.
Alan