Album art based on existing works - copyright infringment?
Posted: Thu Feb 17, 2011 10:42 pm
Hi, I hope someone here can help me.
I work for a video games company and we are working on a game about a record shop. The game will feature albums for sale to virtual customers with album cover art for each. Our plan is to build an online community mainly consisting of students (14-18 years old) and we want them to be able to name and design the albums.
To limit the issues of IPR infringment we are going to create a simple art package that will allow users to arrange, scale and colour vector shapes (that we will create) and use fonts we have rights to use. Users will not be able to copy and paste images from other sources so we can ensure that images are created by the user.
We will tell users not to copy any existing works and we will check all submissions before allowing them in the game. However I fell that it is innevitable that some users will be 'inspired' by images they like and that these images could easily be those we are not aware of. It is therefore possible that an image based on an existing work could make its way into the game.
I have read on various sources, including this forum, about derivative works and fair use and I know it can be a grey area but as I understand it, as long as the image is created from scratch and is not defamatory it becomes a pastiche or parody and therefore does not infringe copyright.
My question is... If an album cover is created from scratch which looks practically identical to an existing album - which in some cases could be quite easily done using simple shapes, for example, Pink Floyd's Dark side of the moon or Coldplay's X&Y - but is not defamatory and does not have the same band name on it would this infringe copyright?
I hope someone can offer me some advice as if we cannot guarantee that no issues will occur we shall have to abandon our plan completly.
Cheers
Alex
I work for a video games company and we are working on a game about a record shop. The game will feature albums for sale to virtual customers with album cover art for each. Our plan is to build an online community mainly consisting of students (14-18 years old) and we want them to be able to name and design the albums.
To limit the issues of IPR infringment we are going to create a simple art package that will allow users to arrange, scale and colour vector shapes (that we will create) and use fonts we have rights to use. Users will not be able to copy and paste images from other sources so we can ensure that images are created by the user.
We will tell users not to copy any existing works and we will check all submissions before allowing them in the game. However I fell that it is innevitable that some users will be 'inspired' by images they like and that these images could easily be those we are not aware of. It is therefore possible that an image based on an existing work could make its way into the game.
I have read on various sources, including this forum, about derivative works and fair use and I know it can be a grey area but as I understand it, as long as the image is created from scratch and is not defamatory it becomes a pastiche or parody and therefore does not infringe copyright.
My question is... If an album cover is created from scratch which looks practically identical to an existing album - which in some cases could be quite easily done using simple shapes, for example, Pink Floyd's Dark side of the moon or Coldplay's X&Y - but is not defamatory and does not have the same band name on it would this infringe copyright?
I hope someone can offer me some advice as if we cannot guarantee that no issues will occur we shall have to abandon our plan completly.
Cheers
Alex