New Philadelphia, OH asked in Copyright for Ohio

Q: Am I potentially violating a trademark/copyright

I am creating a children's picture book and want to illustrate with photographs of people/objects made of acorns and other stuff from the woods. David M. Bird has inspired some of my creations and they may look similar. Would my creating/ photographing and selling the book create a legal problem? Thank you.

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James L. Arrasmith
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Answered

A: Creating a children's picture book with your own photographs of people and objects made of acorns and other natural materials is generally acceptable. Your inspiration from David M. Bird is fine as long as your creations are original and not direct copies of his work. It's important to ensure that your work has its own unique elements and doesn't closely mimic his specific designs.

You can also look into whether David M. Bird has any trademarks or patents on his specific creations. If your work is distinct and doesn't infringe on any of his protected intellectual property, you should be in the clear.

To be extra careful, you might want to document your creative process, showing how your designs differ from his. This can help you establish the originality of your work and protect yourself from potential legal issues.

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