book cover artwork possible copyright issues

[yellowbird75]

I need to know if book cover art used by an Amazon Prime author infringes on my artwork of a book I published and which is registered with the Library of Congress, has an ISBN # and for which I own the copyright. I can upload images. They are Preview jpg. on my Mac. Both covers feature birds on barbed wire. I realize this is not unique in concept. But both books are about survival and mine was published 2000. My novel is also listed on Amazon as hardcover, softcover and e-book.

 

[PayrollHRGuy]

Your best bet would be to have an IP lawyer look at it but if you want to pos both have at it.

 

[quincy]

I need to know if book cover art used by an Amazon Prime author infringes on my artwork of a book I published and which is registered with the Library of Congress, has an ISBN # and for which I own the copyright. I can upload images.

We cannot do a side by side comparison for you, other than to give you an "ordinary observer" opinion.

What is the name of your state?

 

[yellowbird75]

We cannot do a side by side comparison for you, other than to give you an "obvious observer" opinion.

So, how do I get the images where you can see them? I don't see a tool for uploading. My book was published in hard copy format first.

 

[quincy]

Usually links are not allowed on this forum. What is the name of your book?

 

[PayrollHRGuy]

You will need to have yours' on a web server somewhere and use the little INSERT IMAGE button that is to the left of the smiley button.

And a link to the other book on Amazon.

 

[quincy]

And, again, please provide your state name, as a determination of copyright infringement often can depend on the circuit where the infringement case is heard.

 

[FlyingRon]

Note that "concepts" are not protected by copyright. Just because you drew a bird in barbed wire doesn't prohibit others from doing so. They need to have made a copy of your artistic expression. ISBN means squat, and registration only a bit more when it comes to such things.

 

[quincy]

There must be substantial similarity in the works and there also needs to be shown that the alleged infringer had access to the work by yellowbird.

I agree that "birds on a wire" is a concept that can be used by anyone. It will be the creative elements used by an artist to illustrate this concept that need to be analyzed.