Jasper, AL asked in Copyright, Intellectual Property and Trademark for Alabama

Q: Is it still copyright infringing if someone prints a copyrighted image for their kid's bedroom wall without permission?

I read online that most people don't care since it isn't being shared but yet they still are copying without permission. There's also saving a copyrighted image from Google Images and setting it as a desktop or phone wallpaper without permission; I read online that could be legal, probably fair use, but sharing it isn't. Printing and saving for personal or private use is still copying, but could that constitute fair use as well? What about if the image is permitted to copy, but has a trademarked element that belongs to a company who didn't give you permission to copy, such as an image downloaded from Pixabay containing a car with Chevrolet's logo on it?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, generally printing a copyrighted image for personal use in a kid's bedroom without permission from the copyright holder would still be considered copyright infringement. Here's a breakdown:

- Simply making an unauthorized copy of a copyrighted work constitutes infringement, even if it is just for private personal use. Fair use does provide some exceptions, but the examples listed would likely not qualify.

- Fair use evaluates factors like the purpose/character of the use, the nature of the work, the amount used, and the market impact. But personal decoration copies typically don't have a strong fair use case.

- Saving an image as a desktop/phone wallpaper without permission carries similar copyright concerns. Some courts view that as making an unauthorized "copy" that infringes. Though some minimal, transient digital copies tied to legal uses can be exempted.

- Even if the base image is free to use/copy, trademark elements like logos are separate - you'd still need permission from the trademark holder to use their brand elements. An unauthorized use could constitute trademark infringement.

In summary - making unauthorized copies of copyrighted works for personal enjoyment purposes like decorating a kids bedroom, without permissions, presents a copyright infringement risk even if not widely distributed. Consulting an IP attorney to evaluate specific uses and fair use defenses is recommended.

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