Book cover photo

Umgowa · Jul 23, 2018

I found a great photograph I want to on the cover of my self-published book. I have tried diligently to find the licensing parameters for this image. I initially found the image in Pinterest, they gave attribution to an on-line store, that store gave attribution to another on-line store they represented. That store told me the name of their photography representative. I contacted the stock photography representative and they do not have my target image in their portfolio. I also did a Google reverse image search and came up with nothing.

I have kept a careful record of my email stream regarding the above. So my question is this: Can I just go ahead and use the photo and if questioned about it, just show that I did do diligence in trying to uncover the licensing parameters and came to a dead end? Would that stand up?

If not, does anyone have any suggestions as to next steps at this point?

Maggie Maxwell · Jul 23, 2018

Absolutely not. Due diligence does not mean "I can use it anyway because I tried." It means you tried and you still do not have permission. Either keep looking or find another picture to use.

Umgowa · Jul 23, 2018

Thanks, Maggie. Very helpful. By the way, I love your saying at the bottom of your post . . "The insane who believe they are sane . . . . . . . etc." Do you know the source of that? Is it a quote from anyone in particular?

Maggie Maxwell · Jul 23, 2018

It's from me. I said it

cornflake · Jul 23, 2018

Umgowa said:
I found a great photograph I want to on the cover of my self-published book. I have tried diligently to find the licensing parameters for this image. I initially found the image in Pinterest, they gave attribution to an on-line store, that store gave attribution to another on-line store they represented. That store told me the name of their photography representative. I contacted the stock photography representative and they do not have my target image in their portfolio. I also did a Google reverse image search and came up with nothing.

I have kept a careful record of my email stream regarding the above. So my question is this: Can I just go ahead and use the photo and if questioned about it, just show that I did do diligence in trying to uncover the licensing parameters and came to a dead end? Would that stand up?

If not, does anyone have any suggestions as to next steps at this point?

No -- imagine how that'd work if that were a viable defense.

'I emailed people but no one answered and I didn't know where that passage/drawing/whatever came from so it's fine for me to use it. Look, I'll even show you I asked people!'

'It's from the third Harry Potter book.'

'Well I didn't know, no one told me, and I emailed to ask but no one answered and this one librarian I emailed said she'd never seen it.'

I get you actually did try, and are not trying to get around stuff, just saying imagine the fallout if that were a viable way to get around copyright/trademark.

Umgowa · Jul 23, 2018

Very creative, Maggie.

Umgowa · Jul 23, 2018

Here's a follow-up to both Maggie and Cornflake. The stock photo house that was my last stopping point. . . the house that did not show my image when I interacted with their web site . . . . has asked me to forward a copy of the image in question. I am new at this, so forgive me if I am too cautious . . but I am concerned that they could just say "Oh yes that's our image and the royalty is $$$$" What is keeping them from lying to me and saying it's their image? Anyone could just say it's their image and try to charge me.

veinglory · Jul 23, 2018

If it is a stock agency in good standing they will not do that. Partly because their reputation is worth far more than they could charge you and partly because they know the real rights holder could sue the ass off them.

I assume you have done an image search (e.g. tineye) and looked for the oldest versions on the web?

Umgowa · Jul 23, 2018

Thanks, Vainglory . . . I tried Tineye but they only show where the image has been used on the web and came up with the same places I already had. They do not tell me who owns the image.

Old Hack · Jul 23, 2018

If you can't find out who owns the image, you'll have to use another image. It's really not worth the hassle you'd get into if you used it and then got found out. The owner of the image could then specify their fee for you using it in a commercial setting, and would be free to name any number they wanted.

Find another image. It will be fine.

Umgowa · Jul 24, 2018

As usual . . . very helpful suggestions. Thanks to all. It looks like I may have tracked down the photographer through the aid of a very reputable stock photography house. I was surprised how difficult it was and what a circuitous path it required . . . We'll see what happens.

veinglory · Jul 24, 2018

It's annoying when you find a picture you really like and can't hunt it down.

Book cover photo

Umgowa

Maggie Maxwell

Making Einstein cry since 1994

Umgowa

Maggie Maxwell

Making Einstein cry since 1994

cornflake

practical experience, FTW

Umgowa

Umgowa

veinglory

volitare nequeo

Umgowa

Old Hack

Such a nasty woman

Umgowa

veinglory

volitare nequeo