If someone makes a functional product that looks very similar to a sculpture that I copyrighted, is that considered copyright infringement or does it have to be the exact same medium?
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Anonymous
ANSWERS: 4
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If it has a 10% difference it's not copyright infringement. I've had this problem with designs i've created then saw repeated in different colors with minor changes.
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You will need to talk to a lawyer who specialises in copyright law/infringement.
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I'm no expert, and I could be wrong, but I think that an object would need to Trademarked, or something similar, as opposed to copyrighted The concept of a copyright is easier to apply to words This is a gray area and it would be best answered by an attorney that is an expert in the field
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There is a lot of misinformation being spread around on this topic, so I will try to give a more detailed answer than usual. The key to copyright infringement is “copying” (or making a derivative work, but this does not apply to your question). For example, if I create a sculpture and you create an identical sculpture on your own (i.e. you never even knew my sculpture existed) then there is no copyright infringement. Of course, it is almost impossible to prove that some stranger copied your work. For that reason, the law allows you to prove copying by inference. This is done by showing that the works are substantially similar AND that the alleged infringer had access to your work. If you show both of these things, the law will assume that the alleged infringer copied, and the duty is now on the alleged infringer to prove that he did not copy (i.e. independent creation).
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