Q: Copyright Law - Did I break the law and have to pay for it?
During the contract period with the architect I hired, I captured a portion of the floor plan she designed in a photograph. I then created three different options by placing multiple squares over some spaces in the photo, each in different positions, and posted a question on a community website asking people which position they preferred. I wanted to hear other people's opinions to decide the floor plan. Now, after the contract has ended, she found it and is demanding money from me, claiming copyright infringement. I posted it last March, and it is removed now.
A:
Based on the information provided, it's difficult to determine with certainty whether your actions constituted copyright infringement. However, there are a few key points to consider:
1. Copyright ownership: Generally, the creator of an original work, such as an architectural design, holds the copyright to that work. In this case, the architect likely owns the copyright to the floor plan she designed.
2. Fair use: In some cases, using a portion of a copyrighted work may fall under "fair use," which allows limited use of copyrighted material without permission for purposes such as criticism, commentary, or education. However, fair use is determined on a case-by-case basis and depends on factors like the purpose of the use, the amount used, and the effect on the market value of the original work.
3. Terms of the contract: The contract you had with the architect may have included specific provisions regarding intellectual property rights and the use of the designs created during the contract period. It's important to review the contract to determine if your actions were permitted under the agreement.
4. Damages: If the architect pursues legal action and it is determined that you did infringe on their copyright, you may be liable for damages. The amount would depend on factors such as the extent of the infringement and any financial harm to the architect.
Given the complexity of copyright law and the specific details of your situation, it is advisable to consult with an intellectual property attorney who can review the facts of your case and provide guidance on your legal rights and potential liabilities. They can also help you respond to the architect's demands and potentially negotiate a resolution.
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