"original" artwork

[calisonic]

Hello,
I am trying to make a t-shirt design for a company, and I need to know what would qualify as "original" artwork, I have already made the design and it is a combination of two different pictures from two different websites that make one picture. They have both been greatly modified from their original state, mainly from a "vectoring" or "posterizing" process that I used on several different photo editing programs, and some hand done work as well.
Basically, I just want to make sure I don't infringe any copyrights, and as this is my first time doing this, I am not sure so I thought I would seek some advise.
Thanks.

[dougj]

I am not a lawyer, so take this for the value that it has cost. I understand what you intend to do is a derivative of a copyright protected work, and this is not permitted under US law without the copyright owner's permission:

See section 1.10
http://www.wipo.int/sme/en/documents/ip ... hy.htm#1.4

http://fairuse.stanford.edu/commentary_ ... irtle.html

http://fairuse.stanford.edu/primary_mat ... uthgu.html

US Copyright Act, section 106
http://www.copyright.gov/title17/92chap1.html#106

Try a key word search using 'derivative'

Lastly, never trust internet forums for legal advice, seek the council of a lawyer.

I hope this helps.

[sheila]

I used to work for a law firm and brought this up with the intellectual property partner a few years back. In his opinion, it would be a copyright infringement. If I were you, I would approach the original photographers and seek their agreement. It may cost you but it will be far less than a law suit a year or two down the track!

Sheila