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I have a book- pictures and text- want to copyright pictures

 
Alex Reese's Avatar
  • Answered by:Alex Reese
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in Intellectual Property Law

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Customer Question

I have a book- pictures and text- want to copyright pictures and text. I have 2 questions. Question 1- friends of the family gave me pictures of pets to paint, and I want to use them in the book. I let them know, and everyone seems to be all for it. One friends sister took a great picture, and I am having my friend check with her to make sure she is okay with that. None of the photos are copyrighted to my knowledge. Do I need to do anything else before getting the copyright? Question 2- At the end of the book, I did a little quote from a song, changing the lyrics a little instead of "To all the girls I've loved before.." to "To all the dogs I've loved before..." Do I need permission to do use this? It is a really brief quote. It would also make a good title....

Thanks,

Kristi Masters

 

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State/Country relating to question: Texas

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Submitted: 322 days and 4 hours ago.
Category: Intellectual Property Law
Value: $59
Status: CLOSED

Accepted Answer

Picture
Expert:  Alex Reese replied322 days and 4 hours ago.


Alex Reese :

hello

Alex Reese :

short quotes can be used because they are not protected by copyright and/or allowed under fair use....especially when you have changed them

Alex Reese :

copyright arises automatically upon creation by the author

Alex Reese :

you just need to be clear that you own the copyright to the painting, because in some cases there are copyright disputes where someone "paints" a photo or an object in a photo.

Alex Reese :

...because the photo is also protected by copyright

Alex Reese :

so when painting a photo (or part of a photo) exactly as it appears in the photo...make sure you have permission

Alex Reese :

if you are not painting it identically or with substantial similarity then it should be ok regardless

Customer :

Does the permission have to be in writing?

Alex Reese :

highly preferrable that it is.....otherwise hard to prove

Customer :

Okay... now should I have this little book with illustrations copyrighted before sending it to any publisher? Is legal zoom a decent option??

Alex Reese :

registering the copyright would be a good idea. you can use something like legal zoom, or a copyright attorney....legalzoom should get the job done, but if you get confused you might want to see a copyright attorney

Alex Reese :

you can also do it yourself at www.copyright.gov

Alex Reese :

but that would likely be harder and take more time than using legal zoom (due to lack of familiarity and knowing what to do)

Customer :

That's basically all I needed to know. Thanks! Oh, by the way, the line from the lyrics is about 3 to 4 lines. Is that considered a short quote?

Alex Reese :

it is if the entire song is substantially more than 3 to 4 lines, but if thats half the song then no

Alex Reese :

best of luck

Customer :

Thanks!

Alex Reese :

so you have to look at what % of the song you are using

Customer :

Okay. My only concern is it is part of a chorus that repeats a couple of time. It is a rewrite of "To all the girls I've loved before...who've traveled in and out my door...I'm glad they came along..I dedicate this song to all the girls I've loved before. That's it. I changed it around to make it about dogs.

Alex Reese :

considering the changes i'd say that is ok

Customer :

All right. I think that's all the questions.

Alex Reese :

it could also fall under the "parody" exception...but it's likely ok anyway

Alex Reese :

please dont forget to click ACCEPT..thanks!

Alex Reese :

(you can still follow up afterwards)

Customer :

All right!

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 98.9 %
Accepts: 2433
Answered: 7/3/2012

Experience: Experienced in intellectual property law

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