Using South Park Rendition on Book Cover

[brandon_simpson]

I'm an author/publisher in the middle of writing a book about libertarianism in South Park. I want to use a South Park rendition of Ron Paul and Gary Johnson on the cover of my book. These renditions were created by fans, not by the South Park creators or Viacom. If I the owner of these images gave me permission to use them, could Viacom sue me?

I don't see how they could, since they didn't create the images. And, yes, I know that they are "South Park" renditions, but the South Park style has been copied before in parodies.

Could I protect myself by stating this in the book?

 

[quincy]

I'm an author/publisher in the middle of writing a book about libertarianism in South Park. I want to use a South Park rendition of Ron Paul and Gary Johnson on the cover of my book. These renditions were created by fans, not by the South Park creators or Viacom. If I the owner of these images gave me permission to use them, could Viacom sue me?

I don't see how they could, since they didn't create the images. And, yes, I know that they are "South Park" renditions, but the South Park style has been copied before in parodies.

Could I protect myself by stating this in the book?

It is a legal risk to use South Park creations, regardless of who else copied them. Yes, there is the possibility that you could be sued.

Parodies are difficult to pull off successfully, and disclaimers do not prevent lawsuits (they merely work to mitigate damages in the event of one).

I suggest you create your own cover image (or hire someone to do it) to avoid infringing on the rights of others.

It is never a dumb idea to have your manuscript reviewed by a publishing law professional to make sure your work is not going to unnecessarily attract the attention of rights-holders' attorneys.

Good luck.

 

[FlyingRon]

This isn't a parody, and in fact, isn't even review use. Review covers your use of the copyright material internal to the book. Using it for marketing (the cover) IS NOT fair use. Ask for permission.

 

[Silverplum]

I'm an author/publisher in the middle of writing a book about libertarianism in South Park.

"South Park," the tv show? Or South Park, CO, the town?

I want to use a South Park rendition of Ron Paul and Gary Johnson on the cover of my book. These renditions were created by fans, not by the South Park creators or Viacom. If I the owner of these images gave me permission to use them, could Viacom sue me?

I don't see how they could, since they didn't create the images. And, yes, I know that they are "South Park" renditions, but the South Park style has been copied before in parodies.

Could I protect myself by stating this in the book?

Honestly, I think the creators of the tv show "South Park" would be totally friendly to the idea of a book on libertarianism in either the town or the tv show. It doesn't hurt to ask, and it would be smart to include at least a couple of chapters for their review.

 

[quincy]

"South Park," the tv show? Or South Park, CO, the town?


Honestly, I think the creators of the tv show "South Park" would be totally friendly to the idea of a book on libertarianism in either the town or the tv show. It doesn't hurt to ask, and it would be smart to include at least a couple of chapters for their review.

Of course, FlyingRon and I were not thinking outside the box. It is nice that Silverplum does.

 

[FlyingRon]

Eh? I said ask? Believe me people ask and are granted such use frequently. I said ask.