: Can a palette for use in a continuous-color plot be considered under copyright? This question is an extension of the question asked here, which I feel does not completely answer my question.

@Sarah814

Posted in: #Color #Copyright #Legal #Palette

This question is an extension of the question asked here, which I feel does not completely answer my question.

Say a website or software has continuous-color graphs, such as this color contour map which comes from the NCSS Data Analysis software (just an example, I wouldn't really want that palette specifically).

Is the palette used for those continuous color graphs under copyright? May I synthesize and use the palette in my own graphs on my own website or in my own software?

Would it make a difference as to whether the "legend" in the derivative work looked very similar (if not exactly the same) to the legend on the original?

EDIT: I have given this more thought, and I still think this is a different question than the possible duplicate. To clarify why this question is different: The previous question's answers mentions that color sets cannot in general be copyrighted. However, one of the answers does mention that:


One can copyright the arrangement of specific colors in a particular configuration (meaning the exact or near-exact positioning and arrangement of the colors), such as ColourLovers' copyright system for their palettes.


The question then is, is the legend itself treated the same as the arrangements of colors on the ColourLovers' site? Or is it treated differently because it is "functional" in nature? The legend will likely be almost exactly the same if I use someone else's palette, and so potentially by default the palette could be copyrighted because I can't use the palette without displaying the legend.

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