Looking to remake ads almost identical to originals for my non for profit which create awareness for Alzheimer's. Copyright issu

Asked about 1 year ago - Canada, KY

Will this be a copyright issue in anyway if I do not ask permission?

Attorney answers (4)

  1. Mark Raafat Malek

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . This will be a copyright issue in every way imaginable. You cannot do this without a license to create a derivative work. Please seek counsel of a copyright attorney before moving forward.

    The answer to this question is for informational purposes only and does not form an attorney-client relationship.
  2. Jeffrey S. Marlink

    Contributor Level 12

    3

    Lawyers agree

    Answered . There is a good chance that there would be copyright issues in this situation. There may be defenses available if you are attempting to make a parody of the ads by the little changes, but you would need to visit with an intellectual property to know if you were able to assert the 'fair use' defense in your situation. Even if you are able to assert a fair use defense it will not prevent you from being sued, you just might not be held liable at suit. Generally, the practice of copying someone else's ads without permission of the copyright owner is to be avoided as a bad business practice that will end up costing you more money than you will make.

    Answering of your question is merely general advice and does not constitute legal advice. None of the statements... more
  3. Frank Anthony Natoli

    Contributor Level 20

    3

    Lawyers agree

    Answered . As the others have aptly noted, this is a problem and you simply should not do it as you likely cannot afford the legal fees to deal with any negative fall out.

    If, however, you are married to some idea and really want to move on it I suggest that you at least discuss with a lawyer in private an perhaps have a "fair use" analysis done. While it is unlikely a NFP will be sued in such a case, it absolutely happens and taking chances can only lead to frustrate your charitable mission right?

    Most of us here, including myself, offer a free phone consult.

    Best regards,
    Frank
    Natoli-Lapin, LLC
    (see Disclaimer)

    The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the... more
  4. Sreenivasarao Vepachedu

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Yes, indeed. Consult with an attorney, as my colleagues have suggested.

    This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an... more

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