Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Yes, I am taking a picture of the page. Its part of a bigger picture. The open book takes up about 1/4 of the page.
Yes they will be able to recognize and read, but it is cropped, not the full page.
Do you have an email where I can attach a picture to show you?
I work for a new food magazine. The picture is for the cover of our summer issue. The Art of Eating by M.F.K. Fischer is a classic food writing and memoir book. We want to also give attribution to the book inside.
I don't really understand your answer or the case law that you cite. Seriously do they purposely write it so that was don't understand?
Can you show you the photo? My email is bobbilinstudio at gmail.
Do you have an email or website? Can I contact you by phone? I feel like it will really make sense quickly once you see it.
thank you, Bobbi
Please note that our magazine is being produced for sale and consumption. We need to eat!
The publisher of this first edition does not seem to exist anymore, but there is another publisher, Wiley, that seems to hold the current copyright.
Do you think that we will run into any copyright infrindgement b/c its an old edition?
Thank you for your response. The simplest way to understand is to review each element of Section 107. For example, the purpose and character of the use would be utilizing the image for a magazine cover.
The nature of the work is a photo of the inside page of the book. The amount and substantiality of the work is one page from the book, and the potential effect of the use on the book is that it may create more value for the book because of the indirect promotion of the work.
Based upon this balancing review of the elements, an argument can be set forth that Section 107 would defend against you from a copyright infringement claim. Unfortunately, the site prohibits me from providing my contact information. Please let me know if you have a better understanding of my answer.
Wiley is very large company with resources so the potential for a claim is there but your use so nominal, it may not be aware of even bother with a claim if your magazine is promoting its book.
Thank you so much for your response!
Basically you are saying that though we can argue that potential effect of use creates more value b/c of or the indirect promotion of the book. And yes, this is completely our intention, we want to paint it in a good light. The whole point of our magazine's editorial content is to provide sources and attribution for our readers.
Does Wiley hold the copyright only for the current issue? Or for all? Since my copy of the book was published by The World Pubishing Co. and they do not exist anymore, is there any protection there?
thank you, bobbi
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