Montville, NJ asked in Copyright for New Jersey

Q: If I take a video I do not own the rights to and pause it. Then take a screenshot of something in it, like two people.

If I take a video I do not own the rights to and pause it. Then take a screenshot of something in it, like two people. However you only see their bodies no faces. Then I take that screenshot from the video and turn it into artwork, like a drawing or painting. Can I sell that as my own art work? Video recordings taken from clips of videos on the internet on different websites. I live in New Jersey however I would like to sell my artwork world wide

Related Topics:
1 Lawyer Answer

A: What you propose does not infringe the copyright in the video from which you captured a freeze frame.

First, even if you reproduced the screenshot itself, that would be permissible under the "fair use" doctrine; and

Second, your artistic revisions to the screenshot have copyright significance, as you add original "transformative" content to the work. The significance of this is, if someone were to reproduce your artistic revision, that would infringe YOUR copyright in the augmented work.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.