: Am I breaking any Copyright/IP law by designing and selling posters based on an existing design and concept? I have found a website that sells posters that includes graphic design, and am now
I have found a website that sells posters that includes graphic design, and am now thinking of creating from scratch my own posters to sell on my website, using the same idea/concept (please note that I am not copying any of the already existing work, I start from a blank page).
By using the same idea/concept for my own website (commercial use), am I infringing any copyright/IP law?
Thank you guys!
More posts by @Rambettina927
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It depends.
On a lot of things.
But, in general, the more heavily you 'borrow' the more likely someone will see that as an intellectual property infringement and the more likely you'll be opening yourself up to legal issues.
But that also doesn't mean that any of that will happen, either. Concepts are borrowed all the time. Where that line is between 'borrow' and 'steal' is typically going to depend on a multitude of factors on a case-by-case basis and, ultimately, heavily dependent on the lawyers.
Depending where you are in the world, but in the US, yes anything that replicates someone else's work is considered copyright infringement. I believe there is a set rule for variation, which is 30%, if i recall to not be considered as infringement. Do your research first and as stated, I also am not a lawyer.
Personally I would look at it as copyright infringement because you are technically copying someone else's design/layout. Plus viewers/buyers may consider it shady that your are similar to someone else and not creating your own work. Also, wouldnt you be annoyed if you found someone else doing similar work, site designs, or selling tactics as you?
Good read, THE IDEA-EXPRESSION DICHOTOMY IN COPYRIGHT LAW
What is copyright infringement?
Copyright infringement occurs when someone other than the copyright
holder copies the “expression” of a work. This means that the idea or
information behind the work is not protected, but how the idea is
expressed is protected. For example, there have been many movies about
Pirates, but only one Jack Sparrow.
Taken from Click and Copyright
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