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To what level does a digital photo have to be reworked electronically to be free from the original copy right.

1 Answers. Asked on Oct 15th, 2015 on Intellectual Property - Florida
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I am an old school graphic artist. With regard to digital photography, digital illustration and the use of Photoshop. To what level does a photo have to be reworked electronically to be free from the original copy right. Are their any rules for this? In the old world of graphic design you could trace the photo and colour it in. Also what will it cost to get this question answered? Thank you
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Answered on Oct 16th, 2015 at 12:15 PM

The old world practice constitutes copyright infringement and doing the same digitally would be as well. A "derivative work" as such a work that is based on another work is called requires the consent of the copyright owner. The origin work would have to be changed so greatly as to be virtually unrecognizable for the copyright not to apply. At best, minor traces of the original could be retained.

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Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
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