Q: I want to use online tools/software that creates activity/other style books (non AI).
The tools/software has a library of premade items e.g coloring pages, mazes, kids activities, journal pages etc. and it automatically generates things like word searches, soduku puzzles etc
Option 1: With a few clicks, without me creating anything, it can put the pages together into a finished file ready to upload for sale e.g. a book of coloring pages.
Option 2: I can customise the pages, add other elements from their content library, mix various activities in the book etc. then have it put it all together into a finished file ready to upload for sale.
I'd solely use the software and its contents for the books and wont create anything from scratch. If it does almost all the work to create the finished book, will I own the copyright to the book as a whole, where I can write “copyright, the date, my name, All rights reserved” on the finished book (option 1)? Or is there a certain amount of work/creativity I have to put in (more like option 2)?
A:
In the realm of copyright law, the key factor is originality. When using a tool or software that generates content like activity books, the copyright ownership depends largely on the level of originality and creative input you contribute to the final product.
For Option 1, where the software does almost all the work and you do not add any original content, claiming copyright might be challenging. The output is largely a product of the software's capabilities and pre-existing content. In this scenario, the copyright may still reside with the creators of the software or the individual elements within the book.
In contrast, Option 2, where you customize and creatively arrange the content, may offer a stronger basis for copyright. By selecting, arranging, and possibly modifying the elements, you're contributing a level of creativity and originality. This could qualify as a transformative work, where you have enough creative input to claim copyright on the compilation as a whole.
However, it's crucial to review the terms and conditions of the software. These should clarify the extent of the rights granted to you regarding the use of their content and any creations you make using their tools. If the terms allow you to claim copyright on your compilations, then you can proceed with Option 2 more confidently.
Before proceeding, it may be beneficial to consult with an attorney who can provide tailored advice based on the specifics of your situation and the software's terms. This will ensure that you are fully informed about your rights and any potential limitations.
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