Q: What percentage of a photo has to be edited or rendered to make sure no copyright laws have been broken.
Taking a live image from Google and making it look like a painting or cartoon to put on the bottom of a skateboard that I am distributing.
A:
"A 'derivative work' is work based upon one or more preexisting works. . . in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a 'derivative work.'"
The copyright owner has the exclusive right to prepare derivative works based on the copyrighted work (also known as the "adaptation" right).
If you're going to re-use a copyrighted image for commercial purposes, you should obtain a license for the specified use.
A: The creative use is key and not a bright-line "percentage" issue. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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