Hey, awesomely helpful community, I'm hoping some of you might be able to help me with some legal advice here. I'm starting a cover business for self-pubbed authors to custom commission covers - not sure what I'll charge yet, want to be fair, but I'm thinking probably in the $75-$100 dollar range. A couple samples of my work are below. (Click the thumbnails for larger image).
However, because I don't really have much legal know-how, I'm trying to make sure I cover my bases on all fronts, both for my own sake and my customers. I'm not trying to get rich quick here, just supplement my income a little with my own skills, but not at the expense of screwing anyone over.
So first question: I make my covers with a combination of my own photos and ones on the web I've purchased the commercial license too, usually via subscriptions at the usual stock photo sites. Now, I think this covers me for using those photos in a cover I make and sell to a customer....but what about the customer? Since the photos are used in covers for product they're selling, doesn't that mean they need to own the commercial license for those photos too? If so, how do I handle that? Do I build the cost of the photo/license into the price I charge them and buy it on their behalf?
Basically I want to make sure they have what they need in case anyone ever comes to them and says, hey, I recognize this photo from this place....do you have the rights/permission to be using that?
Second question: Same thing, but with fonts. I know this isn't an issue with fonts like Times and Arial, etc but I've heard differing opinions on custom fonts. Some of my research seems to indicate that fonts (or more accurately, typeface created with a font) violates no copyright in the US, and as long as you credit the source you're legally and ethically sound. Others say that it actually IS copyright protected but if you duplicate the font yourself, which is easy enough, you're then protected....but that seems kinda shady. If I want to make a cover using a custom font that I've found somewhere on the web, how do I go about doing that without screwing anyone?
And third question: what am I missing/forgetting, if anything? Are there any other legal issues involved in creating/selling covers that I'm overlooking and should be aware of?
Thanks in advance for any help you guys can give me!
However, because I don't really have much legal know-how, I'm trying to make sure I cover my bases on all fronts, both for my own sake and my customers. I'm not trying to get rich quick here, just supplement my income a little with my own skills, but not at the expense of screwing anyone over.
So first question: I make my covers with a combination of my own photos and ones on the web I've purchased the commercial license too, usually via subscriptions at the usual stock photo sites. Now, I think this covers me for using those photos in a cover I make and sell to a customer....but what about the customer? Since the photos are used in covers for product they're selling, doesn't that mean they need to own the commercial license for those photos too? If so, how do I handle that? Do I build the cost of the photo/license into the price I charge them and buy it on their behalf?
Basically I want to make sure they have what they need in case anyone ever comes to them and says, hey, I recognize this photo from this place....do you have the rights/permission to be using that?
Second question: Same thing, but with fonts. I know this isn't an issue with fonts like Times and Arial, etc but I've heard differing opinions on custom fonts. Some of my research seems to indicate that fonts (or more accurately, typeface created with a font) violates no copyright in the US, and as long as you credit the source you're legally and ethically sound. Others say that it actually IS copyright protected but if you duplicate the font yourself, which is easy enough, you're then protected....but that seems kinda shady. If I want to make a cover using a custom font that I've found somewhere on the web, how do I go about doing that without screwing anyone?
And third question: what am I missing/forgetting, if anything? Are there any other legal issues involved in creating/selling covers that I'm overlooking and should be aware of?
Thanks in advance for any help you guys can give me!