Legal Question in Intellectual Property in Illinois

I'm interested in writing unauthorized pop culture tribute ebooks. I see thiusands of unauthorized guides to this and that on Amazon, but am unsure if these works fall under fair use: criticism and comment. What are the necessary steps for penning such a guide and avoid a lawsuit?


Asked on 9/13/11, 10:42 am

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Not specific enough as to what you mean. If by "tribute book" you mean a verbatim copy of songs or other copyrighted material which you sell, then you don't make copyright infringement okay by calling it a "tribute". If you mean having a book about a celebrity in which you don't copy any copyrighted materials and you make it clear you are not associated with or sponsored by the celebrity, then that is reasonably safe. My guess is you are somewhere between those two extremes. The simple step is to send a copy to the representative (usually estate) of the pop star to whom you claim to be paying "tribute" and see whether they object. Better to find out such objections before rather than after publishing. Ask the rep to tell you what changes would make it acceptable if it is unacceptable in current form.

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Answered on 9/13/11, 1:33 pm


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