Legal Question in Intellectual Property in Illinois

Re: Concert Photographs

Your understanding that �if the book features no more than 49 percent of any one artist and doesn't use the artists name in the title that I can legally publish this book� is incorrect.

You may own the copyright to the photographs themselves, but you may not have the right to publish them in a book even if you have the right to put the photographs up on your website.

While your right to use the photographs depends on a number of things the issue boils down to this: will you receive a �cease and desist� letter from the artist�s attorney? The answer is that without some kind of WRITTEN prior agreement with the artist that you could publish the photographs in a book you will, undoubtedly, receive a �cease and desist� letter. Whether the artist could actually make you �cease and desist� is beside the point � copyright litigation is a long and expensive road that you do not want to go down.

If you are working with a reputable publisher the publisher�s legal department should be able to help you with this. If you are self-publishing the book you are going to need an attorney.

Good luck.