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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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I work for a new food magazine. In our cover photo, we have

Resolved Question:

I work for a new food magazine. In our cover photo, we have a photo of an inside page (text only) of The Art of Eating by M.F.K. Fischer. It's an old out of copy published by the World Publishing Company 1954.

Wiley publishing currently holds the copyright but only for this book since 1990. I need to know if we need to obtain express consent from Wiley or if we are ok b/c its an old issue?

We also plan to give attribution to the book on the inside cover.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

hello

Alex Reese :

do you mean that a page of the book is shown along with other elements, like sitting on a table?

Alex Reese :

is the text legible? if not then there is definitely no concern

Alex Reese :

but even if it is, it is not the type of "copying" that copyright would be concerned with

Alex Reese :

so permission is not likely necessary

Customer:

Hi Alex,

Customer:

Yes, it would be shown along with other elements like a "still life" on a table.

Customer:

The text IS legible

Alex Reese :

and how much is legible? a line? paragraph?

Customer:

I like your answer, but if our magazine is for sale and consumption, does that matter?

Alex Reese :

that is taken into account

Alex Reese :

but my answer still applies

Customer:

about half a page is legible. The title of the short story fits our summer theme for the mag. that's why it's open to it.

Customer:

I can't even figure out who holds the copyright b/c its from 1954

Customer:

and the World Publishing Company is out of business

Alex Reese :

given the small amount of material and the situation of the company, i'd say the chances of legal issues are very low

Alex Reese :

also, it's possible that the copyright is no longer valid, but we need more info to figure that out

Customer:

The book is still being printed. The new publisher is Wiley.

Customer:

do you know if I would need to get permission from them?

Alex Reese :

Either from them or they could put you in touch with the copyright holder

Customer:

how would I do that? seems like a long and expensive process

Alex Reese :

simpy contact them and ask to speak with someone in licensing/copyright

Alex Reese :

it may or may not be an easy process

Alex Reese :

no way to know ahead of time

Customer:

ok, I just found this copyright on this book on amazon

Customer:

Full Size Image
on amazon for this book. can you click on the link and see it. is there any way that I can send a screen shot to you?

Alex Reese :

i see the page

Alex Reese :

I assumed that the book was under copyright protection

Alex Reese :

but this page is not going to tell you whether the book is under copyright protection

Alex Reese :

so you should focus on contacting the copyright holder if you want to be 100% safe but as I mentioned above this is not likely to be an issue...but without copyright things are subjective and there are no clear rules

Alex Reese :

fyi here is a great resource for copyright fair use: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/

Alex Reese, Lawyer
Satisfied Customers: 3036
Experience: Experienced in intellectual property law
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