: Is "in the style of" an IP infringement? I know this is a graphic design forum and not a legal forum, but I'm guessing that some of you may have encountered this issue. I would like to

@Kaufman565

If you use a person's name in any way that implies they are affiliated with, or endorse, your product, you're asking for a lawsuit. People have a legal right to control their own likeness and name, called "Right to Publicity." Specific laws vary by state, and you should check both your state and the state of residence of the artist, and any state you plan to make your product available in. You might find this link useful: www.citmedialaw.org/legal-guide/using-name-or-likeness-another. In many states it is illegal to use another person's name or likeness for your own benefit without their permission, even for non-commercial reasons.

But really this is common sense. Think for a minute: If it was someone trying to take your business away from you by making it possible for anyone to easily copy your signature style, without paying you for it or giving you a residual from sales of their product to compensate you for your own lost sales, and they had the audacity to even put your name on it so unsuspecting buyers think you are affiliated with it, how happy would you be about it? Unless you're working with the artist and offering them part of the profits for using their name, your only safe bet is to steer away from referencing them directly at all. Find some other way of describing the filter based on what it does or how the end result looks.

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@Margaret771

This looks very similar to the infamous "look and feel" lawsuits lauched by Apple, most infamously against Microsoft. Apple's claims, that the holistic visual impression of a product can be copyrighted independently of the copyrightability of any of the particular elements, has AFAIK never been tested in a lawsuit, so you are in a legal limbo, although the judgements that touch on it have generally been somewhat hostile to the idea. I further think that the general style of an artist is harder to argue that the kind of design issues Apple were (and still are) defending, which were part of complex UI interactions, and could be said to have semantic significance from that role.

So there is some risk, but I say it is a risk a small or freelance graphic designer/outfit can take, provided:


You are extra- careful about not infringing concrete copyrights or trademarks;
If you do work on behalf of a client, you fully inform them of what you understand of the legal risks;
You are in Delaware, right? You might still be exposed to laws of countries with harsher copyright regimes, like the UK;
You are responsive to concerns raised by whoever you pay tribute to; and
You check any legal intuitions you have with people who have the kind of legal expertise that aren't shared for free on Stack Exchange sites.


Furthermore, our culture would be a poorer place without tributes, so taking small, well-judged risks of this kind is doing something worthwhile.

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@Hamaas979

I would be very careful with using the name of a living, well-known, commercially active artist. The painting style can probably not protected, but the name can.
Artists and celebrities often trademark their name to prevent the sale of products in their name.

This is something I would definitely get written permission for, or have checked by a lawyer, first.

Example:


Bob Ross: ®The Bob Ross name and Bob Ross images are registered trademarks of Bob Ross Inc.

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@Kevin459

No.

If your plug-in replaced the current canvas with a scan of one of the artist's paintings, or something, that would be copyright infringement. But an artist cannot trademark their "style". You can also use their name as long as it is not defamatory and you make it clear that they are not associated with it in any way.

Note: As with all laws this is jurisdiction-dependent. There are places with crazy laws...

Disclaimer: This is not legal advice, do not rely on my understanding of this issue.

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