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
State/Country relating to question: Texas
short quotes can be used because they are not protected by copyright and/or allowed under fair use....especially when you have changed them
copyright arises automatically upon creation by the author
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.
...because the photo is also protected by copyright
so when painting a photo (or part of a photo) exactly as it appears in the photo...make sure you have permission
if you are not painting it identically or with substantial similarity then it should be ok regardless
Does the permission have to be in writing?
highly preferrable that it is.....otherwise hard to prove
Okay... now should I have this little book with illustrations copyrighted before sending it to any publisher? Is legal zoom a decent option??
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
you can also do it yourself at www.copyright.gov
but that would likely be harder and take more time than using legal zoom (due to lack of familiarity and knowing what to do)
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?
it is if the entire song is substantially more than 3 to 4 lines, but if thats half the song then no
best of luck
so you have to look at what % of the song you are using
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.
considering the changes i'd say that is ok
All right. I think that's all the questions.
it could also fall under the "parody" exception...but it's likely ok anyway
please dont forget to click ACCEPT..thanks!
(you can still follow up afterwards)
Experienced in intellectual property law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).