Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
It is on the floor or maybe the coffee table of a littered room. It's supposed to be a guy who is a slob and the girlfriend has about had it with him. He's on the couch sleeping in all this mess. Beer bottles, etc., of which there is a Playboy...or two. It's a gag book with jokes about the things men do not know about women.
Jody,Generally the use of a copyrighted image is protected unless that use is not primary or is otherwise incidental to the image. If this is a small part of the picture and is not the primary focus, it can be argued under fair use especially since this isn't a means of profiting from the cover but is, as you stated, just one of many items in the picture and not the primary focus of work. Arguably there is still a risk of being sued, but that risk is very low and highly unlikely. It is not likely that this will cause a lawsuit, as there are excellent defenses available. Purely going by your facts it does not appear to be a situation where you would be in direct violation.Good luck.
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