Pennington, NJ asked in Copyright for New Jersey

Q: I am seeking per to mission to use a statement on a Vera Neumann table runner to have the image printed on a single

single piece of fabric. I use Vera housewares to make art quilts.

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1 Lawyer Answer
Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Intellectual Property Lawyer
  • Maplewood, NJ
  • Licensed in New Jersey

A: If you're seeking to use a copyrighted design from a Vera Neumann table runner in your art quilts, there are several aspects you'll need to consider. Here's a comprehensive response and guideline on how to proceed:

Copyright Considerations:

Vera Neumann's designs are copyrighted and using them without permission would likely be considered copyright infringement.

Copyright law generally protects original works of authorship, including graphics, designs, and other forms of artwork.

Fair Use:

Fair use is a legal doctrine that permits limited use of copyrighted material without acquiring permission from the copyright holder. Factors include the purpose of use, nature of the copyrighted work, the amount used relative to the copyrighted work as a whole, and the effect on the copyrighted work's potential market.

It's uncertain whether creating art quilts from copyrighted housewares would qualify as fair use, especially if the quilts are sold commercially.

Seeking Permission:

Before using the Vera Neumann design, you should reach out to the copyright holder (or their licensing agent) for permission. This might involve paying a licensing fee.

When contacting them, be clear and specific about how you intend to use the design, how many quilts you plan to produce, whether they're for personal use or for sale, and any other relevant details.

Alternative Options:

If permission is denied, consider creating a design inspired by Vera Neumann's work but different enough to avoid copyright infringement.

Collaborate with an artist to create an original design for your quilts.

Practical Steps:

Hire an Attorney: This is not legal advice nor does it create an Attorney-client relationship. If you haven't already, it's critical to hire an attorney who specializes in copyright law to guide you through this process. They can provide specific advice tailored to your situation and represent you in court.

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