Is it okay to use licensed stock photos for my cover?

Juggernaut

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Hi,

I'm looking to have a nice cover made for my book.
I see many people offering to do the cover using licensed stocked images that they modify to fit my needs. Some of them looks excellent, so I am considering going this route.

Is there an actual problem with doing this?

What are the read advantages and disadvantages?

Thank you!
 

CWNitz

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No problem at all. That's what the images are for. I use a mix of hand-drawn and stock images in my own cover. Tell them beforehand if you want them to exclude AI generated images from their pick.

Downside is that other people may use the same image, so it might not be as unique as with a custom illustration. Also, you can't pick anything you want, it will be limited by the existing stock.

That said, some designers are very talented at using a mix of stock images to make something that looks really original. Check out the For the Wolf cover, it's a mix of stock images, but it's beautiful.
 

Juggernaut

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No problem at all. That's what the images are for. I use a mix of hand-drawn and stock images in my own cover. Tell them beforehand if you want them to exclude AI generated images from their pick.

Downside is that other people may use the same image, so it might not be as unique as with a custom illustration. Also, you can't pick anything you want, it will be limited by the existing stock.

That said, some designers are very talented at using a mix of stock images to make something that looks really original. Check out the For the Wolf cover, it's a mix of stock images, but it's beautiful.
Hi CW,

So there are no copyright issues and nobody else would have any rights to my actual cover if they use stock images, right?

Why would I want them to exclude AI generated images? What is the problem there?

Thanks for your help!
Paul
 

CMBright

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Hi,

I'm looking to have a nice cover made for my book.
I see many people offering to do the cover using licensed stocked images that they modify to fit my needs. Some of them looks excellent, so I am considering going this route.

Is there an actual problem with doing this?

What are the read advantages and disadvantages?

Thank you!
As long as you have the legal right to use the licensed images I don't see the issue.
Why would I want them to exclude AI generated images? What is the problem there?
There is currently a great deal of controversy over AI generated images. Some find them inherently unethical based on how datasets are created. Those who don't care about the ethics should be aware that AI generated content is not protected under legal protections the way cover art created by a person is.
 

CWNitz

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Hi CW,

So there are no copyright issues and nobody else would have any rights to my actual cover if they use stock images, right?

Why would I want them to exclude AI generated images? What is the problem there?

Thanks for your help!
Paul
They wouldn't be able to use your cover, or the edited version of the stock image. They would only be able to use the initial stock image.

For AI there are a few threads around here that explain this in more detail. In essence, there are ethical issues around how AI softwares are trained, which can lead writers or their readers to boycott AI covers. Some writers have faced backlash from their readers due to their use of an AI cover.

If you decide not to use AI in your cover, I strongly recommend looking at a few AI images to learn how to recognize them.
 
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ChaseJxyz

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Make sure you read, in full, the license for the stock image that you'd want to buy. Are you allowed to modify the image, like change the color? Are you allowed to put it on a product that you're then going to sell? What, if any, credit do you need to give? Any sort of "copyright" concerns depends on the image in question and what sort of license you're paying for.

As for AI, it's been established that anything generated using AI cannot be copyrighted, as something has to be made by a human in order to be copyrighted. You might have heard of the monkey selfie copyright thing awhile ago and that case established that a human has to make the art in question. Many stock image sites do not allow AI generated images on there, as you need to have the copyright of something in order to sell it to someone else, so, legally, the image maker doesn't have the "right" to sell the image. And there's nothing stopping anyone else from using it. Many image generating AI thingies also say in their terms of service that you can't use what it spits out for commercial purposes...like selling the image to a stock image company. It is, simply put, an absolutely legal clusterfuck. Disregarding the morals of using AI, it's not something that you as a small-pocketbook'd individual want to be involved with. You don't want that legal risk.

Anyways, tons of trade publishers utilize stock image when they create their covers, so it's not a weird thing to do. One of the editions for a Sarah J Maas book is using an AI generate stock image, actually, and people found out and they're very mad. And it's the publisher for Harry Potter, so it's not like they don't have the money. Using an AI generated image puts you at risk of people thinking poorly of you and since your cover is trying to convince people to give you money, it's a risky thing to do!
 

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They do need to buy the right license on the image if you are likely to sell a lot of copies.
 

alexp336

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Judging by your signature, it doesn't look like this applies, but one of the bigger hurdles I'm aware of with stock images for covers is around book content like erotica - some places are strict in saying their stock imagery can't be used on books with "adult" content like that, while others are vague. Adding to the complexity, a lot of photographers put their stuff on different stock image outlets, so you can often find the same images on two sites with differing policies (one is fine with it, the other isn't, or doesn't specifically say). A lot of self-pub authors of erotica and similar content opt to chop off some/all of model faces, too, to make them less individually identifiable, just in case a model later comes back saying "wait, the release I signed didn't cover me becoming the face of XYZ."

As others have said, the key is how you use stock images, I think: as a starting point to create the art for your cover, rather than picking a photo and then dropping some text on top. Whether you create the art or buy it, you want to make it uniquely your own. Good luck!
 

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They do need to buy the right license on the image if you are likely to sell a lot of copies.
This. One service I've used offers free licenses for images up to 5000 copies. That may seem like a lot, but it was just vague enough to figure in book covers and promotional materials and how quickly I could have hit that limit. Different services have different TOS, so you'll always want to read them.
 
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samwrites

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I've also seen some AI covers and they aren't very nice looking...
Even when the AI software eventually improves and becomes able to create decent art, I just feel that as writers (and therefore, artists) it is just dirty to not support other (real, human) artists when choosing cover art. Just as I don’t want AI to be writing books, I don’t want it replacing real, paid artists. Leave the AI to do boring things instead, like taxes :0
 

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I hope I'm not necro posting(?) but it seems like AI images could be copyrighted if there is enough human "authorship". Now reaching that still blurry limit sounds like a headache and a half but it does seem possible IF someone wishes to go that route.

I also read somewhere that it's best to get the license to the image yourself so that you won't have any problems down the line though the reason why escapes me at the moment.
 

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In the US, the Copyright Office is currently exploring issues involved in AI generated work, including visual and audio works. They've released a document with more information on what they'll consider and how to register "protection for (your) own contributions to that work". This may vary from jurisdiction to jurisdiction so YMMV.

ETA: The Copyright Office document mentioned above is from this past March but a US district judge has ruled today (Aug. 21) that any work produced by AI without any sort of human intervention cannot be copyrighted. Only work that has been produced with prompts or input from a human can have protection.

And always, always, ALWAYS secure any rights to any illustrations or photos included with a project, regardless of how it will finally be published. Get any agreements in writing in a way all parties agree to and understand the terms. This is where you'll want to enlist the services of a lawyer specifically versed in intellectual property.
 
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