USE OF PHOTOS IN A BOOK
- Thread starter kousa
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Unless you have consulted the law and all the applicable court cases, you have no idea whether that site clearly summarized the law.
You seem determined to find the answer on free anonymous websites. If that's what you want to do, go ahead. Just remember that the maxim "you get what you pay for" applies to legal advice as well.
You seem determined to find the answer on free anonymous websites. If that's what you want to do, go ahead. Just remember that the maxim "you get what you pay for" applies to legal advice as well.
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You quite does nothing but prove my point. Yours is a commercial use, you can't use the picture. So sad. Too bad.
Speaking for myself and the significant number of lawyers I know, ambiguity of language drives us nuts, and we mostly get paid to avoid or put a stop to litigation. If you have an actual legal concern, I recommend you consult an actual lawyer. Like surgery, do-it-yourself law practice is likely to do you much more harm than good.
BOOK COVERS
A website with some interesting information on images on book covers:
(This is only a SMALL PORTION of the total comments)
http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another
Bear in mind this issue falls under state law and less than two dozen of the states have put it in writing (law).
Incidental Advertising Use
If you use someone's name or likeness in connection with news reporting, commentary, or a creative work protected by the First Amendment, then you can also use it in connection with truthful advertising of your own work. Courts refer to this as the "incidental use" doctrine. This doctrine permits TV news shows to use "teaser" ads including images of people reported on during the main program, and publishers to create book jackets and advertisements for unauthorized biographies containing the name or photograph of the book's subject.
A website with some interesting information on images on book covers:
(This is only a SMALL PORTION of the total comments)
http://www.citmedialaw.org/legal-guide/using-name-or-likeness-another
Bear in mind this issue falls under state law and less than two dozen of the states have put it in writing (law).
Incidental Advertising Use
If you use someone's name or likeness in connection with news reporting, commentary, or a creative work protected by the First Amendment, then you can also use it in connection with truthful advertising of your own work. Courts refer to this as the "incidental use" doctrine. This doctrine permits TV news shows to use "teaser" ads including images of people reported on during the main program, and publishers to create book jackets and advertisements for unauthorized biographies containing the name or photograph of the book's subject.
I repeat, you are not a lawyer. Legally, "incidental use" is a case-by-case basis and you can still get hung up in a lawsuit which could cause a hold on any sales until litigation/settlement is finished. I'm sure you would want to risk tarnishing your name and reputation because you think you know what you are doing because of some articles you read on the internet.
http://youtu.be/rmx4twCK3_I?t=11s
http://youtu.be/rmx4twCK3_I?t=11s
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How much you want something to be true, has not bearing on whether it is true or not. I think this thread has run its course and I am going to close it.
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