Book cover issues

[wesley123]

I am considering buying a royalties-free non-exclusive licence to use an image for my ebook cover.

Am I in danger of commiting any kind of rights infringement, if, by any chance, a third person has already used the same image for the same purpose (book cover) and the title is similar? My point is I cannot be sure someone else has not done the same.

I believe I am not in danger because:
a) The third person, pretty much like me, does not own the rights to the image.
b) Book titles cannot be copyrighted, only trademarked.

I would appreciate your opinion on that matter.

 

[Zigner]

I am considering buying a royalties-free non-exclusive licence to use an image for my ebook cover.

Am I in danger of commiting any kind of rights infringement, if, by any chance, a third person has already used the same image for the same purpose (book cover) and the title is similar? My point is I cannot be sure someone else has not done the same.

I believe I am not in danger because:
a) The third person, pretty much like me, does not own the rights to the image.
b) Book titles cannot be copyrighted, only trademarked.

I would appreciate your opinion on that matter.

This site is for US law matters only. Not only did you fail to tell us what state you are in, you deleted the question entirely.

 

[quincy]

I am considering buying a royalties-free non-exclusive licence to use an image for my ebook cover.

Am I in danger of commiting any kind of rights infringement, if, by any chance, a third person has already used the same image for the same purpose (book cover) and the title is similar? My point is I cannot be sure someone else has not done the same.

I believe I am not in danger because:
a) The third person, pretty much like me, does not own the rights to the image.
b) Book titles cannot be copyrighted, only trademarked.

I would appreciate your opinion on that matter.

What is the name of your state?

Does the royalty free license for the image actually include the right to use it for a book cover (for a commercial purpose)?

Titles cannot be copyright-protected (except as a series) but can be protected as trademarks, so you can use a similar unprotected title for your book that has been used by someone else. If the license for the image is nonexclusive, others can license the image for the same or a similar use.

The problem you will have if you knowingly use the same image and similar title for your book that is in use by another is your book will not stand out as unique.

 

[wesley123]

What is the name of your state?

Does the royalty free license for the image actually include the right to use it for a book cover (for a commercial purpose)?

Titles cannot be copyright-protected (except as a series) but can be protected as trademarks, so you can use a similar unprotected title for your book that has been used by someone else. If the license for the image is nonexclusive, others can license the image for the same or a similar use.

The problem you will have if you knowingly use the same image and similar title for your book that is in use by another is your book will not stand out as unique.

Thanks quincy. Your help is much appreciated.

I am from the EU. I just want be aware of US law on copyright issues.

I am going to check and make sure that book cover use is included in the licence, before I proceed to pay for the licence. Thanks for the advice.

 

[quincy]

Thanks quincy. Your help is much appreciated.

I am from the EU. I just want be aware of US law on copyright issues.

I am going to check and make sure that book cover use is included in the licence, before I proceed to pay for the licence. Thanks for the advice.

You're welcome, wesley. Thanks for the thanks.

I wish you good luck and success with your book.

 

[quincy]

I read your private message.

It is preferred on this forum that all related questions a poster has are kept to a single thread. If you have additional questions that relate to your book, therefore, it is preferred that you add them to this thread.

Thank you for asking what the forum preference is on starting threads. It is appreciated.

 

[wesley123]

Image modifications

My other question is:

Assuming that:
a) I have bought a licence to use a stock image from one of these well-known stock image websites
b) I will obviously need to modify the image (title/subtitle addition, a slight refocusing etc) to turn it into a book cover

Is there a limit to the modifications that I am allowed to make?
Is there a kind of modification that would constitute copyrights/moral rights infringment?

The reason I bring this up is the following segment of a stock image website licence agreement:

"Warranty of Non-Infringement. For all licensed content (excluding content marked “access only”), [...] warrants that your use of such content in accordance with this agreement and in the form delivered by [...] (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator."

Thanks in advance for your help.

 

[quincy]

My other question is:

Assuming that:
a) I have bought a licence to use a stock image from one of these well-known stock image websites
b) I will obviously need to modify the image (title/subtitle addition, a slight refocusing etc) to turn it into a book cover

Is there a limit to the modifications that I am allowed to make?
Is there a kind of modification that would constitute copyrights/moral rights infringment?

The reason I bring this up is the following segment of a stock image website licence agreement:

"Warranty of Non-Infringement. For all licensed content (excluding content marked “access only”), [...] warrants that your use of such content in accordance with this agreement and in the form delivered by [...] (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator."

Thanks in advance for your help.

If the license does not allow for modification of the image, you cannot modify the image.

Enlarging or reducing the size of an image or minimal cropping of an image is often allowed under the terms of a license but for questions on what can and cannot be done under the terms of your specific license, you must refer to the license itself and get any necessary clarification from the copyright holder/grantor of the license.

There are significant differences in IP laws (and unfair competition laws) from country to country and your mention of "moral rights" illustrates one difference. The US does not specifically recognize moral rights as do other signatory nations to the Berne Convention.

In addition, although not protectable under US copyright laws, book titles in some countries are offered copyright protection to (generally to those titles that can be viewed due to length and creativity/complexity as literary works on their own).

FreeAdvice focuses on US laws so you are best off seeking legal assistance in your area of the world. It will be the laws of your country that are most important to you.

Good luck.