Legal Question in Entertainment Law in New York
Borrowing illustrations for demonstration of text before Publication only
I have written a humorous booklet on exercise and temporarily included in it illustrations using a ''licensed'' artist just to send it out and give publishers and other illustrators or graphic designers an idea of what I'm looking for. Also, I sent the manuscript to the Copyright office explaining that the illustrations will probably be replaced and that I am the author of the text only.
A friend thinks It might be possible that I could be sued for doing that, even though I have no intention of publishing it with those graphics, and certainly not without the illustrator's permission. Would there be grounds for such litigation?
1 Answer from Attorneys
Re: Borrowing illustrations for demonstration of text before Publication only
Intent is not a requirement for a copyright infringement action. You may want to contact the publishers you sent the material to alert them to the fact that you have no permission to use the illustrations and will either obtain permission or will replace them with others for which you have or do not need permission. You may also want to amend your copyright registration. Contact an IP attorney to properly clear rights and do legal review of your manuscript before distributing it to third parties.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
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