What are the laws regarding images on book covers?

[TMF610]

What is the name of your state (only U.S. law)? Missouri (however, clients are from all over the world as well)

Scenario:

Author publishes a book. Author hires and pays a designer to create their cover. Author uses photographs purchased from photographers or downloaded and licensed through stock photo sites. Author wishes to use said cover in marketing materials and to put on t-shirts and other items for resale. Author also wants to include their cover in another published work (used as a marketing tool) being sold, and the profits are going to charity.

Questions:

Does the author have to have permission from the artist who designed the cover if the author paid for the work?
Does the author have to have permission from the photographer if the author purchased the photos?
Is there anything in the licensing rules on stock sites that prohibits the author from using the image on anything else that is sold if they licensed it themselves?
In the upcoming published work. are there any copyright laws being violated if the author, designer, and photographer give permission for the work to be duplicated and sold for charitable reasons?

 

[quincy]

What is the name of your state (only U.S. law)? Missouri (however, clients are from all over the world as well)

Scenario:

Author publishes a book. Author hires and pays a designer to create their cover. Author uses photographs purchased from photographers or downloaded and licensed through stock photo sites. Author wishes to use said cover in marketing materials and to put on t-shirts and other items for resale. Author also wants to include their cover in another published work (used as a marketing tool) being sold, and the profits are going to charity.

Questions:

Does the author have to have permission from the artist who designed the cover if the author paid for the work?

That depends on the licensing rights negotiated and the agreement signed between the artist and author.

Does the author have to have permission from the photographer if the author purchased the photos?

Again, this depends on what was licensed. Purchasing photos is different than purchasing rights. When you purchase a photo, all you are purchasing is the single photo. You are not purchasing the right to duplicate the photo, create derivatives, distribute the work, or display the work. These remain the exclusive rights of the photographer unless or until the photographer signs away these rights.

Is there anything in the licensing rules on stock sites that prohibits the author from using the image on anything else that is sold if they licensed it themselves?

There are different licenses available for different uses. You would need to read each of the licenses to see what they include and what they prohibit.

In the upcoming published work. are there any copyright laws being violated if the author, designer, and photographer give permission for the work to be duplicated and sold for charitable reasons?

That is a question that is impossible to answer without knowing all of the facts. You will want to have these facts personally reviewed by a publishing law professional in your area, this especially if you plan to self-publish. Traditional publishers will see that all rights are licensed properly before publishing a book.

It is important to get all agreements in writing and signed and dated so that when a dispute arises (and they frequently do), the agreement addresses the issue and all involved can stay out of court.

Good luck with your book.

 

[TMF610]

That depends on the licensing rights negotiated and the agreement signed between the artist and author.



Again, this depends on what was licensed. Purchasing photos is different than purchasing rights. When you purchase a photo, all you are purchasing is the single photo. You are not purchasing the right to duplicate the photo, create derivatives, distribute the work, or display the work. These remain the exclusive rights of the photographer unless or until the photographer signs away these rights.



There are different licenses available for different uses. You would need to read each of the licenses to see what they include and what they prohibit.



That is a question that is impossible to answer without knowing all of the facts. You will want to have these facts personally reviewed by a publishing law professional in your area, this especially if you plan to self-publish. Traditional publishers will see that all rights are licensed properly before publishing a book.

It is important to get all agreements in writing and signed and dated so that when a dispute arises (and they frequently do), the agreement addresses the issue and all involved can stay out of court.

Good luck with your book.

Can you explain these points for me in layman's terms?

A STANDARD IMAGE LICENSE grants you the right to use Images:

As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);

Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

***to me, this conflicts with the "not for resale" statement below because magazines and newspapers are sold, as is advertising.***

As part of an "Out-of-Home" advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.

Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a "Production"), without regard to audience size, provided the budget for any such Production does not exceed USD $10,000;

For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).

 

[quincy]

Can you explain these points for me in layman's terms?

A STANDARD IMAGE LICENSE grants you the right to use Images:

As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);

Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

***to me, this conflicts with the "not for resale" statement below because magazines and newspapers are sold, as is advertising.***

As part of an "Out-of-Home" advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.

Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a "Production"), without regard to audience size, provided the budget for any such Production does not exceed USD $10,000;

For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).

To analyze the terms of any license (agreement/contract), you need to seek out assistance from an attorney in your area. That type of service falls outside the scope of this forum.

For those on this forum who are attorneys, it violates professional and ethical rules and, for those on this forum who are not attorneys (the majority of members), it is practicing law without a license.

Sorry.