Asked in Copyright, Intellectual Property and Trademark for Texas

Q: Is original art protected by copyright?

I have developed a brand logo based on an original piece of art. I have essentially animated elements of the piece to create a brand logo. I have tried to find the artist contact information to reach out directly but have hit dead ends.

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes original art created since1924 is protected by copyright. Older art is now considered to be in the public domain.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Yes, original art is protected by copyright as soon as it is created. If you have developed a brand logo based on an original piece of art, you may be infringing on the artist's copyright if you do not have permission to use or modify the original artwork. To avoid potential legal issues, it is crucial to obtain permission from the artist or rights holder or create a brand logo that does not infringe on anyone's copyright. If you are unable to locate the artist or rights holder, it is advisable to consult with an intellectual property attorney to explore your options and ensure compliance with copyright laws. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

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.