If something is copyrighted can I still use it in my product that I will sell? 7 Answers as of May 21, 2013

I want to use something for my product (that I will sell) but will be changing the purpose in addition to it's form.

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Yang & Wang, P.C.
Yang & Wang, P.C. | Tommy Wang
Most likely yes.
Answer Applies to: California
Replied: 11/9/2012
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
As is often the case, the answer is "it depends". As a general rule copyright gives the owner a bundle of exclusive rights, *e.g.*, the right of reproduction of the work, preparation of derivative works based upon the work, distribution rights, performance rights, public display rights, digital audio transmission rights, etc., depending on the type of work that is subject to the copyright. So, without more facts about your circumstances, it is unclear whether your use of the copyrighted work would fall into one of these bundles of rights (prohibition) or if your work is so substantially changed in purpose and form as to fall outside of the original copyright protections (where you should be free to sell at your discretion). More information about your particular facts is needed to properly advise you. Consult an intellectual property attorney with more of your specific facts for a better answer.
Answer Applies to: Utah
Replied: 10/23/2012
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
As long as you purchase the copyrighted product you can modify the purchased product. If you are just coping the copyright product without paying the owner of the copyright they might go after you. Most companies will allow you to use the copyright information as long as you retain the copyright and identify the source of the copyright. A good example is a report that you prepare in school, where you include a bibliography of the (copyright) sources. Copyright is usually for "artistic expression" like a movie, song, picture or literary work. Your question was a little vague so I hope I covered what you were asking.
Answer Applies to: California
Replied: 10/23/2012
Ochoa and Associates
Ochoa and Associates | Susan Ochoa Spiering
In view of the commercial aspect here, this is best to go talk to a copyright or IP attorney about. They will need more details than provided here for an answer that will be useful for you.
Answer Applies to: Texas
Replied: 10/23/2012
Sebby Law Office
Sebby Law Office | Jayne Sebby
You will need the permission of the copyright owner before you can include it in or on your product and distribute the product. There are some exceptions to this rule. Contact a local attorney to see if you qualify.
Answer Applies to: Nebraska
Replied: 10/23/2012
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