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if i have a design under copyright how much would someone have to change it to make it theirs?

i have a tribal cross tattoo design, what would someone have to do to that at least to invalidate the copyright? different colours, slight change?

All Answers To Questions

Answer 1

Threshold of originality - If the design consists of simple geometric shapes, including arcs and such, it cannot be copyrighted. If someone was to simply change the colors of, it WOULD be copyright infringement toward you, and you can sue them. Massive edits needed.

Answer 2

It varies according to national courts (in theory it shouldn’t). Generally you can say that if there is enough change that the “man on the street” does not notice a direct relationship between the two designs it does not violate copyright. If your design is copyrighted, the protection is only as strong as your will to protect the design through legal means.

Answer 3

If they are taking your design and altering it, it doesn't matter how much they alter it, you own the copyright on their derivative works. If they are simply using your original design as an inspiration, then they have produce something that is "significantly" original--what that amount is is something that the courts would have to decide.

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