USING PHOTO'S

[MARC6314]

IN CREATING SPORTS CARDS, ETC TO SELL: WHICH PICTURES APPEARING IN BOOKS& MAGAZINES,
CAN I USE WITHOUT PERMISSION FROM EITHER THE
PUBLISHER OR THE PERSON WHO APPEARS IN THE PHOTO? CAN I LEGALLY USE THEM IF NO COPYRIGHT NOTICE APPEARS? DOES IT MATTER IF THE PERSON IS LIVING OR DEAD?

[This message has been edited by MARC6314 (edited June 20, 2000).]

[This message has been edited by MARC6314 (edited June 20, 2000).]

 

[Tracey]

No. When you create cards from magazine pictures you, are creating a derivative work that infringes on the original magazine's copyright. You may also be infringing on the sports celebrity's trademark/personality rights, or the League's rights. You can create such cards for yourself from magazines you buy, but you can't sell them.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[MARC6314]

Thanks, Tracey. Now a followup question.

How can I tell if I am violating someone's
copyright or, in particular, their personality right. For example, does using Babe Ruth's image on a card violate anyone's property rights? Also, isn't something which appears in a newspaper considered "public domain"? Furthermore, some pictures used in books have copyright notices under them, some in the same book don't. Thanks.

 

[Tracey]

Newspaper photos are CRed unless they specifically state they are in the public domain. Otherwise, photographers wouldn't get paid when their photos are picted up nationally. Same thing for books. I can't tell you anything about personal image rights. I just remember that we said *something* about it in law school. You'll have to research that one on your own.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.