Asked in Copyright and Intellectual Property

Q: Creating simple digitally created images.

I'm looking to create simple digital images (not photos) myself from scratch, using image software like GIMP. Most of the digitally created images will be quite generic such as: plain stripes, simple dots, basic shapes, glitter, various textures etc. Each created image will contain the element on its own e.g. a background of just plain stripes. I'd use these images commercially and will also license them/sell them on 3rd party sites like stock image sites, who then allow others to license them for commercial use.

My concern is to ensure I don't accidentally infringe someone else's rights if my designs by chance are too similar to someone else's. Because with basic generic designs there's only so many variations that can be created before someones images by chance becomes very similar to someone else's.

Would these types of basic and generic designs actually infringe others rights if by chance they were very similar, even though I created them myself?

Thank you.

2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: It depends on what the designs are all about.

Copyright protects the copying of a work that has artistic characteristics.

Consult with an attorney.

Robert Kost
PREMIUM
Robert Kost
Answered
  • Intellectual Property Lawyer
  • Pittsburgh, PA

A: It is possible to unintentionally infringe another's work, so you are correct to be wary. However, copyright protects "original works of authorship." If a design is so basic and so elemental as to be of 'de minimus' originality, copyright protection may not even extend to the design. The less original the general shape, the more exacting the attributes would have to be. It would be hard to claim copyright in my design for a triangle △ unless it had unique and original attributes (line thickness, angle, brush stroke, color gradient, etc.), and even then a court may not find sufficient originality.

In any event, you should consult an attorney to get a specific opinion on your specific designs.

Good luck.

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