The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Sep 23rd, 2020, 2:18am

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Copyright Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Photos for book manuscript
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Photos for book manuscript  (Read 485 times)
Kirk J. Lodes
Photos for book manuscript
« on: Aug 14th, 2005, 3:11pm »
Quote Quote Modify Modify Remove Remove

Hi, I have completed a book manuscript. The subject is cult feature films. I would like to include various photos: movie still, posters, lobby cards, etc. I am wondering if and how I get permission to use such items. For example, I purchase a reproduction of a movie poster...then I have to get permission to use it in my book, right? And would I have to pay for permission? What if a movie is in the public domain? Then can I use pictures/posters without permission?
Any help would be greatly appreciated!
IP Logged
Senior Member


Posts: 2251
Re: Photos for book manuscript
« Reply #1 on: Aug 15th, 2005, 8:01am »
Quote Quote Modify Modify

You question is deceptively complex.  As a threshold matter, you are generally free to use any work (e.g., each poster, film still, etc.) that is in the public domain.   You must asssess the status of the work in question, not any related work.  Thus, whether or not a paricular movie is in the public domain is largely irrelevant in determing whether a poster for that movie is in the public domain.
Second, even if some of the works are not in the public domain, you may be able to use reproductions of the works in yours under a fair use theory.  This inquiry is trickier, and should be answered only after a proper review of the current status of the law in this area.  Even then, the answer you receive is likely only to be an assessment of your risk, not a clear-cut "it's ok".
Finally, if you decide you do need or want permission for use, you may not have to pay royalties, or you may be able to negotiate royalty rates that are not prohibitive.
An attorney can help you through this maze, and many (myself included) do so at reasonable rates.
- Jeff
IP Logged

Intellectual Property and Technology Law
Brooklyn, USA
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board