Legal Question in Intellectual Property in California

Image Reproduction in Publishing

Let's say I'd like to write a book about similarities between chair design and

album art. The book would have commentary, but would primarilly be a

historical visual reference guide, containing thousands of images and

illustrations - of, or referring to such items and the generic motifs they share.

Here are a few examples of the images I want to include. are any clearly

illegal? Are any legally 'asking for it'?

1. I took a picture of a well known Chair I saw at a garage sale.

2. I took a close-up picture of a Beatles album cover I own.

3. I took a picture of 100 albums I own on a table, and comment on their

similarity.

4. I scanned a Beatles album cover I own

5. I sketch an image of a specific chair design, based on seeing it in a well-

published books.

6. I use software to extract the basic silouette/shape of a specific chair.

7. I use software to extract the basic composition/shapes of a specific album

cover.

8. I draw a crude reference to an album cover, giving only enough detail

remind a viewer of the cover.

Thank you!

-Steve


Asked on 3/30/05, 2:57 am

2 Answers from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Image Reproduction in Publishing

Your question is not really appropriate for a bulletin board and cannot be easily answered as a hypothetical. Most likely, what you want to do would NOT be considered "fair use" and you will need to acquire rights. You should consult with a competent intellectual property attorney who can help you navigate the maze of rights issues and help you determine exactly what you need. Paying a good attorney for a few hours of time is much cheaper than getting sued and having to defend yourself.

Read more
Answered on 3/30/05, 11:56 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Image Reproduction in Publishing

There is nothing that prevents you from taking existing images and doing something creative with them an calling it are. It's the free use doctrine. However, you cannot take, for example, a Beatles album cover and use it to sell your products. You can use the images on the cover to make an artistic statement, and it is the statement your selling, not the images. It's like Andy Worhal's painting of the Campbells soup can.

Read more
Answered on 3/30/05, 10:51 am


Related Questions & Answers

More Intellectual Property questions and answers in California