Q: An artist made an image I would like to resell but it has a very small pink floyd prism somewhere on the image.
Would this be copyright infringement? Since the main focus of the image is not the Prism does this matter? Also in the image there is a picture of a book. Would adding this book infringe on the copyright of the book cover?
Thank you
A: A prism (and the light it splits) by itself is not necessarily an infringement. There may be a valid derivative (fair) use of a copyrighted work, but the answer to that question is very fact-specific and should be addressed in detail with a lawyer. Then there's trademark issues, but again there may be fair use involved. Your reselling a piece of artwork should also be carefully evaluated to ensure you secure the correct rights from the artist, as well as contractual provisions that protect you from possible claims of third party rights-holders. Good luck!
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