Is “in the style of” an IP infringement?

I know this is a graphic design forum and not a legal forum, but I’m guessing that some of you may have encountered this issue.

I would like to market a plug-in for graphic design software that produces images that are “in the style of” a well-known, still-living illustrator.

Would that be an infringment of the illustrator’s intellectual property?

And more specifically, would I run into problems if I were to include the illustrator’s name in the official description of the plug-in — something like, “Create photos in the style of So-and-So”?

Answer

No.

If your plug-in replaced the current canvas with a scan of one of the artist’s paintings, or something, that would be copyright infringement. But an artist cannot trademark their “style”. You can also use their name as long as it is not defamatory and you make it clear that they are not associated with it in any way.

Note: As with all laws this is jurisdiction-dependent. There are places with crazy laws…

Disclaimer: This is not legal advice, do not rely on my understanding of this issue.

Attribution
Source : Link , Question Author : jawns317 , Answer Author : Matthew Read

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