Legal Question in Intellectual Property in Montana
Book Cover
I am writing a book which contains information on all of the concerts of the band Guns N' Roses. The cover contains images of the covers of various GNR bootleggs. Are these covers protected by copyright since bootleggs are illegal? Thanks
1 Answer from Attorneys
Re: Book Cover
The covers, if original expressions, would be subject to copyright despite the fact that they may enclose a bootleg recording. I'd imagine it would make an interesting court appearance if the bootlegger is also the cover designer. Of course, they may also be rip-offs or use another person's photography. Once a thief... If your book is an informative, fact-based work, you may have a fair use defense if someone comes forward to claim an infringement. You should consult an IP attorney so you can show him/her the covers and review your overall work.